HomeMy WebLinkAbout03-14-2022 Study Session AgendaCity Council Study Session P W C D S FA
March 14, 2022 - 5:30 P M
City Hall Council Chambers and Virtual
A GE NDA
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I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The A uburn City Council Meeting scheduled for Monday, March 14, 2022 at 5:30 p.m.
will be held in person and virtually.
Virtual Participation L ink:
To attend the meeting virtually please click one of the below links, enter the meeting I D
into the Zoom app, or call into the meeting at the phone number listed below. T he link
to the Virtual Meeting is:
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The public can also view the meeting on YouTube:
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To join the meeting by phone, please use the below call-in information:
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B .Roll Call
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6850 (T homas)(20 Minutes)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget
Ordinance, as amended by Ordinance No. 6815, Ordinance No. 6827, Ordinance No.
6836, and Ordinance No. 6837, authorizing amendment to the City of Auburn 2021-
2022 budget as set forth in Schedule “A ” and S chedule “B”
Page 1 of 172
B .L egislative Update (Hinman)(10 Minutes)
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .Capital P rojects S tatus Report and F eature P roject (Gaub)(15 Minutes)
B .2021 State of Our S treets (S O S) (Gaub)(20 Minutes)
C.Ordinance No. 6851 (Gaub)(15 Minutes)
A n Ordinance amending Auburn City Code (A C C) Sections 13.48.005, 13.48.010,
13.48.180, 13.48.240, and 13.48.440 regarding the City’s storm drainage system
D.Ordinance No. 6852 (Gaub)(5 Minutes)
A n Ordinance granting to new Cingular Wireless PCS, LL C, a Delaware Limited Liability
Company, a franchise for wireless telecommunications
E .Ordinance No. 6855 (Gaub)(5 Minutes)
A n Ordinance creating Chapter 10.55 of the Auburn City Code (A C C) relating to
personal delivery devices
F.Overview of 2024 Periodic Comprehensive Plan Update Program (Tate)(20 Minutes)
A presentation as an introduction to the Periodic Comprehensive Plan update due in
2024, including anticipated program milestones
G.Ordinance No. 6857 (Tate)(20 Minutes)
A n Ordinance relating to health and safety regulation, revising graffiti removal criteria,
and to create consistent timelines for civil penalties for violations by amending
Chapters 1.25 and 8.13 of the Auburn City Code (A C C)
V.O T HE R D I S C US S I O N I T E MS
V I .NE W B US I NE S S
V I I .A D J O UR NME NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 172
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6850 (Thomas)(20 Minutes)
Date:
March 8, 2022
Department:
Finance
Attachments:
Memo
Ordinance No. 6850
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Ordinance No. 6850 (Budget Amendment #5) represents the fifth budget amendment for the
2021-2022 biennium and the second budget amendment for 2022. For details, see the
attached transmittal memorandum and supporting materials.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:March 14, 2022 Item Number:
Page 3 of 172
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: March 9, 2022
Re: Ordinance #6850 – 2021-2022 Budget Amendment #5
The City’s biennial 2021-2022 budget was approved by Council as two one-year appropriations. Budget
Amendments #1, #2, and #3, amended the budget for calendar year 2021. Budget Amendment #4, which
was adopted in November 2021, amended the 2022 budget
This amendment will be the fifth budget amendment for the biennium and the second budget amendment
for calendar year 2022. The purpose of this amendment is to 1) realign significant revenue sources; 2)
carry forward remaining 2021 budget authority for identified programs and costs that were budgeted in 2021
but not completed; 3) adjust capital project budgets as needed; and 4) add budget authority for new
programs and other expected changes in 2022.
This budget amendment includes three requests to convert the status of existing, authorized positions:
1. Convert Part-Time Museum Curator to Limited Term (LTE) $ 57,900
2. Convert Senior Accounting Specialist LTE to Senior Accountant FTE 0
3. Convert Cemetery Maintenance Worker LTE to Full Time Employee (FTE) 0
Realign Significant Revenue Sources. This category recognizes changes to revenue budgets to more
closely align with expected collections as well as new grant revenues. Total revenue adjustments total $9.8
million and include:
• Receive American Rescue Plan Act (ARPA) revenues $7,375,600
• Proceeds from the sale of Fire Station #31 to the Valley Regional Fire Authority 2,029,800
• State Dept. of Commerce grant for transit-oriented development 250,000
• Association of Washington Cities grant for summer programs for children 230,700
• King County and interlocal grants for Mill Creek property acquisitions 166,100
• Community Development Block Grants 163,200
• State Dept. of Commerce grant for Housing Action Plan implementation 100,000
• Reduced interagency grant for the Jacobsen Tree Farm project (cp2020) – 500,000
Carry forward unspent expenditure spending authority from 2021: This amendment enables the
completion of various contracts in 2022 by carrying forward unspent resources at the end of 2021. Note
that carry forwards in capital funds are not included in this budget amendment due to the adoption of multi-
year capital budgeting, as approved in Ordinance No. 6682.
Page 4 of 172
Total requested carry forwards equal $2.4 million. Significant items requested to be carried forward include:
• Community Development Block Grants from prior years $ 643,000
• IT Fund costs for hardware, software, and professional services 255,000
• Professional services for water rights mitigation plan 230,000
• SCADA system upgrade 300,000
• Roof replacement for the Arts & Culture Center 150,000
• Veterans, Seniors, and Human Services levy for the Senior Center 114,500
• Auburn Community Resource Center (ACRC) design 88,800
Adjust capital project budgets. These requests represent changes to project budgets, excluding
unspent capital project budgets from 2021 that are automatically carried forward into 2022.
Total requested adjustments to capital projects net to a reduction of $1.4 million. Significant project
adjustments included in this budget amendment include:
• Reduced budget and Parks fees for the Jacobsen Tree Farm project (cp2020) – $2,581,600
• Correct budget for North Airport Stormwater Improvements (cp2118) – 300,000
• Paving gravel roads (cp2125) – ARPA-funded 636,866
• Increase budgets for Sewer and Stormwater comprehensive plans 280,000
• Increase budget for 2nd Street Reconstruction project – fee-supported (cp2003) 225,000
• Auburn Way South Roundabout Improvement – ARPA-funded (cp1622) 150,000
• 124th Avenue Streets Improvements 100,000
• Arterial Pedestrian and Bike Safety project 100,000
Add budget authority for new programs and other expected changes in 2022.These include
requests for increased funding for existing programs and funding requests for new projects or
programs. New requests, which total $4.1 million, include:
• Retention and hiring bonuses from new Police CBA (ARPA-funded) $ 825,000
• COLA increase and deferred compensation from new Police CBA 645,000
• Mitigation of negative economic impacts of COVID (ARPA-funded) 500,000
• Housing and Essential Needs (HEN) vouchers (ARPA-funded) 250,000
• Comprehensive Plan framework and element upgrades 250,000
• Golf Course clubhouse repairs (covered by insurance) 150,000
• Increased funding for City Hall elevator modernization project 133,000
• Increased funding for the Diversity, Equity & Inclusion (DEI) program 124,500
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2022 Budget as Amended
2022 Amended Budget $ 346,904,128
Budget Amendment #5 (Ord # 6850) 13,580,486
2022 Budget as Amended $ 360,484,614
Attachments:
Ordinance # 6850
Schedule “A” – Summary of 2022 Budget Adjustments by Fund
Schedule “B” – 2022 Appropriations by Fund
Page 5 of 172
-------------------------
Ordinance No. 6850
March 9, 2022
Page 1 of 3
ORDINANCE NO. 6850
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6794, THE 2021-2022 BIENNIAL OPERATING BUDGET
ORDINANCE, AND ORDINANCE NO. 6796, THE 2021-2022
BIENNIAL CAPITAL BUDGET ORDINANCE, AS AMENDED BY
ORDINANCE NO. 6815, ORDINANCE NO. 6827, ORDINANCE
NO. 6836, AND ORDINANCE NO. 6837, AUTHORIZING
AMENDMENT TO THE CITY OF AUBURN 2021-2022
BUDGET AS SET FORTH IN SCHEDULE “A” AND SCHEDULE
“B”
WHEREAS, the Auburn City Council at its regular meeting of November 16,
2020, adopted Ordinances Nos. 6794 and 6796 which adopted the City of Auburn
2021-2022 biennial operating and capital budgets; and
WHEREAS, the Auburn City Council at its regular meeting of April 5, 2021,
adopted Ordinance No. 6815 (BA#1) which amended Ordinances Nos. 6794 and
6796 which adopted the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of August 2, 2021,
adopted Ordinance No. 6827 (BA#2) which amended Ordinance No. 6815 which
amended the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of November 1,
2021, adopted Ordinances Nos. 6836 (BA#3) and 6837 (BA#4), both of which
amended Ordinance No. 6827 which amended the City of Auburn 2021-2022
Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2022 budget as outlined in this Ordinance (BA#5);
and
Page 6 of 172
-------------------------
Ordinance No. 6850
March 9, 2022
Page 2 of 3
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2021-2022 Biennial Budget. The 2021-
2022 Biennial Budget of the City of Auburn is amended pursuant to Chapter
35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule “A”
attached hereto and incorporated herein by reference. The Mayor of the City of
Auburn, Washington is hereby authorized to utilize revenue and expenditure
amounts shown on said Schedule “A” and Schedule “B”. A copy of said Schedule
“A” and Schedule “B” is on file with the City Clerk and available for public
inspection.
Section 2. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section, or portion of this ordinance, or the invalidity of the application
of it to any person or circumstance, will not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 7 of 172
-------------------------
Ordinance No. 6850
March 9, 2022
Page 3 of 3
Section 4. Effective Date. This Ordinance will take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED:__________________
Page 8 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
General Fund (#001)
2022 Adopted Budget 10,524,785 81,938,250 85,605,016 6,858,019
Previous Budget Amendments 6,891,448 (106,600) 2,778,300 4,006,548
2022 Amended Budget 17,416,233 81,831,650 88,383,316 10,864,567
BA#5 (Ordinance #6850, Proposed):667,070 2,708,000 4,804,370 (1,429,300)
Mayor's Office:
Diversity, Equity & Inclusion Carry Forward 46,600 - 46,600 - OT 001-01
Carry-Forward of Sally Port Project at City Hall 39,600 - 39,600 - OT 001-02
Inclusive Auburn Initiative – Diversity, Equity & Inclusion Program - - 124,500 (124,500) OT 001-03
Human Resources:
DEI Data Dashboard (ARPA-Funded)- 50,000 50,000 - OT 001-04
Temporary Internship Position in HR - - 20,000 (20,000) 001-05
HR Lobby Build-Out Budget Carry Forward 25,000 - 25,000 - 001-06
Vaccination Incentive Program Carry-Forward (ARPA Funded)- 15,000 15,000 - 001-07
Finance Department:
Convert Sr. Accounting Specialist LTE to Sr. Accountant FTE (no cost in 2022)- - - - OG 001-08
City Attorney's Office:
Emergency Housing Voucher Program (ARPA-Funded)- 250,000 250,000 - OG 001-09
Auburn Resource Center & Homeless Outreach Funding - - 36,700 (36,700) OT 001-10
Property Management Budget Increase - - 25,000 (25,000) OT 001-11
Carry Forward Budget for Server Room Retrofit and Furniture 45,000 - 45,000 - OT 001-12
ACRC – Design & Engineering Carry-Forward and New Request 88,800 - 118,800 (30,000) OT 001-13
Community Development:
Transit-Oriented Development Implementation Grant - 250,000 250,000 - OT 001-14
Comprehensive Plan Framework and Element Updates - - 250,000 (250,000) OT 001-15
ARPA Funding for Mitigated Negative Economic Impacts - 500,000 500,000 - OT 001-16
Façade Improvement Grant Program 20,600 - 20,600 - OT 001-17
Human Services Budget Carry Forward 27,000 - 27,000 - OT 001-18
SKHHP Regional Effort - 100,000 100,000 - OT 001-19
SKHHP Membership Dues - - 26,000 (26,000) OT 001-20
Housing Action Plan Implementation Grant - 100,000 100,000 - OT 001-21
Police Department:
Police CBA Impacts to 2022 Budget - 819,000 1,459,000 (640,000) OG/OT 001-22
Carry Forward of ARPA Funds for Axon Contract - 42,900 42,900 - OT 001-23
Public Works Department:
Commute Trip Reduction Program - 28,000 28,000 - OG 001-24
Local Road Safety Plan Carry Forward 40,000 - 40,000 - OT 001-25
Comprehensive Transportation Plan Carry Forward 65,000 - 65,000 - OT 001-26
Translation Services (ARPA-Funded)- 75,000 75,000 - OT 001-27
Page 1 of 9 3/9/2022 4:38 PM
Page 9 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Parks Department:
WSDA Grant for Auburn Farmers Market Carry Forward 17,520 - 17,520 - OT 001-28
KCD 2022 Grant for Auburn Farmers Market - 20,000 20,000 - OT 001-29
Pumphouse Electrical Panel & Irrigation Pump 50,200 - 50,200 - OT 001-30
Golf Course Clubhouse Repairs - 150,000 150,000 - OT 001-31
Miscellaneous Safety and Repair at the Auburn Golf Course - - 40,000 (40,000) OT 001-32
Convert P/T Museum Curator to LTE - - 57,900 (57,900) OT 001-33
King County Revive and Thrive 2022 Grant for Petpalooza - 9,000 9,000 - OT 001-34
Senior Center VSHSL Grant Carry Forward 114,500 - 114,500 - OT 001-35
Auburn Arts & Culture Ctr Carry Forward and New Funding Request 51,000 - 141,000 (90,000) OT 001-36
4Culture – Auburn Arts Alley Funding Carry Forward - 18,400 18,400 - OT 001-37
AWC 2022 SEEK Programs - 230,700 230,700 - OT 001-38
Auburn Way South Median Landscape Replanting/Irrigation - 50,000 50,000 - OT 001-39
Streets Department:
Street Light Repairs Carry Forward 36,250 - 36,250 - OT 001-40
Non Departmental:
ERR Reimbursement for Vehicle Overruns - - 75,000 (75,000) OT 001-41
Replace Golf Mower - - 14,200 (14,200) OT 001-42
Revised 2022 Budget - Fund 001 18,083,303 84,539,650 93,187,686 9,435,267
Arterial Street Fund (#102)
2022 Adopted Budget 427,309 5,778,300 5,892,400 313,209
Previous Budget Amendments 129,821 315,000 515,000 (70,179)
2022 Amended Budget 557,130 6,093,300 6,407,400 243,030
BA#5 (Ordinance #6850, Proposed):- 200,000 350,000 (150,000)
Arterial Pedestrian and Bike Safety Project - - 100,000 (100,000) 102-01
124th Ave SE Improvements Project - 50,000 100,000 (50,000) 102-02
Auburn Way South Roundabout (ARPA-Funded)- 150,000 150,000 - 102-03
Revised 2022 Budget - Fund 102 557,130 6,293,300 6,757,400 93,030
Local Street Fund (#103)
2022 Adopted Budget 1,318,428 1,660,500 1,664,500 1,314,428
Previous Budget Amendments 709,525 - - 709,525
2022 Amended Budget 2,027,953 1,660,500 1,664,500 2,023,953
BA#5 (Ordinance #6850, Proposed):- 636,866 636,866 -
Paving Gravel Roads (ARPA-Funded)- 636,866 636,866 - OT 103-01
Revised 2022 Budget - Fund 103 2,027,953 2,297,366 2,301,366 2,023,953
Page 2 of 9 3/9/2022 4:38 PM
Page 10 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Arterial Street Preservation Fund (#105)
2022 Adopted Budget 1,514,104 2,058,800 2,135,000 1,437,904
Previous Budget Amendments (71,451) - - (71,451)
2022 Amended Budget 1,442,653 2,058,800 2,135,000 1,366,453
BA#5 (Ordinance #6850, Proposed):- 225,000 225,000 -
Increase Budget for 2nd Street Reconstruction Project - 225,000 225,000 - OT 105-01
Revised 2022 Budget - Fund 105 1,442,653 2,283,800 2,360,000 1,366,453
American Rescue Plan Act Fund Fund (#106)
2022 Adopted Budget - - - -
Previous Budget Amendments 5,416,700 - 1,970,000 3,446,700
2022 Amended Budget 5,416,700 - 1,970,000 3,446,700
BA#5 (Ordinance #6850, Proposed):371,300 7,375,600 2,923,166 4,823,734
Paving Gravel Roads (ARPA-Funded)- - 636,866 (636,866) OT 106-01
Police CBA Impacts to 2022 Budget - - 825,000 (825,000) OG/OT 106-02
Translation Services (ARPA-Funded)- - 75,000 (75,000) OT 106-03
Carry Forward ARPA-Funded Utility Assistance Program Funds 328,400 - 328,400 - OT 106-04
Vaccination Incentive Program Carry-Forward (ARPA Funded)- - 15,000 (15,000) OT 106-05
ARPA Revenue - 7,375,600 - 7,375,600 OT 106-06
Auburn Way South Median Landscape Replanting/Irrigation - - 50,000 (50,000) OT 106-07
Auburn Way South Roundabout (ARPA-Funded)- - 150,000 (150,000) OT 106-08
Carry Forward of ARPA Funds for Axon Contract 42,900 - 42,900 - OT 106-09
ARPA Funding for Mitigated Negative Economic Impacts - - 500,000 (500,000) OT 106-10
Emergency Housing Voucher Program (ARPA-Funded)- - 250,000 (250,000) OG 106-11
DEI Data Dashboard (ARPA-Funded)- - 50,000 (50,000) OT 106-12
Revised 2022 Budget - Fund 106 5,788,000 7,375,600 4,893,166 8,270,434
Drug Forfeiture Fund (#117)
2022 Adopted Budget 612,573 148,000 356,531 404,042
Previous Budget Amendments (53,266) - - (53,266)
2022 Amended Budget 559,307 148,000 356,531 350,776
BA#5 (Ordinance #6850, Proposed):- 6,000 11,000 (5,000)
Police CBA Impacts to 2022 Budget - 6,000 11,000 (5,000) OG/OT 117-01
Revised 2022 Budget - Fund 117 559,307 154,000 367,531 345,776
Page 3 of 9 3/9/2022 4:38 PM
Page 11 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Housing & Comm Develop Fund (#119)
2022 Adopted Budget 42,904 600,000 600,000 42,904
Previous Budget Amendments (579) - - (579)
2022 Amended Budget 42,325 600,000 600,000 42,325
BA#5 (Ordinance #6850, Proposed):- 744,900 744,900 -
Community Development Block Grant Fund Adjustments for 2022 - 744,900 744,900 - OT 119-01
Revised 2022 Budget - Fund 119 42,325 1,344,900 1,344,900 42,325
Cumulative Reserve Fund (#122)
2022 Adopted Budget 6,484,315 80,000 1,950,000 4,614,315
Previous Budget Amendments 4,196,829 - - 4,196,829
2022 Amended Budget 10,681,144 80,000 1,950,000 8,811,144
BA#5 (Ordinance #6850, Proposed):- 2,029,800 - 2,029,800
Sale of Fire Station - 2,029,800 - 2,029,800 OT 122-01
Revised 2022 Budget - Fund 122 10,681,144 2,109,800 1,950,000 10,840,944
Mitigation Fees Fund (#124)
2022 Adopted Budget 9,372,642 1,161,900 5,851,450 4,683,092
Previous Budget Amendments (1,476,597) - (300,000) (1,176,597)
2022 Amended Budget 7,896,045 1,161,900 5,551,450 3,506,495
BA#5 (Ordinance #6850, Proposed):- - (2,581,550) 2,581,550
Reduce Funding for Jacobsen Tree Farm Project - - (2,581,550) 2,581,550 OT 124-01
Revised 2022 Budget - Fund 124 7,896,045 1,161,900 2,969,900 6,088,045
Parks Construction Fund (#321)
2022 Adopted Budget 1,031,996 3,483,950 3,730,050 785,896
Previous Budget Amendments (177,301) 125,000 125,000 (177,301)
2022 Amended Budget 854,695 3,608,950 3,855,050 608,595
BA#5 (Ordinance #6850, Proposed):- (2,915,450) (2,815,450) (100,000)
Reduce Funding for Jacobsen Tree Farm Project - (3,081,550) (3,081,550) - OT 321-01
Mill Creek Assemblage (Grant-Funded)- 166,100 166,100 - OT 321-02
Miscellaneous Park Improvements - - 100,000 (100,000) OT 321-03
Revised 2022 Budget - Fund 321 854,695 693,500 1,039,600 508,595
Page 4 of 9 3/9/2022 4:38 PM
Page 12 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Capital Improvements Fund (#328)
2022 Adopted Budget 4,037,304 3,109,910 3,689,210 3,458,004
Previous Budget Amendments 3,027,711 1,550,000 1,950,000 2,627,711
2022 Amended Budget 7,065,015 4,659,910 5,639,210 6,085,715
BA#5 (Ordinance #6850, Proposed):150,000 - 150,000 -
Arts & Cultural Roof Replacement Carry Forward 150,000 - 150,000 - OT 328-01
Revised 2022 Budget - Fund 328 7,215,015 4,659,910 5,789,210 6,085,715
Water Fund (#430)
2022 Adopted Budget 11,169,984 19,298,050 23,266,154 7,201,880
Previous Budget Amendments (210,918) - (1,032,800) 821,882
2022 Amended Budget 10,959,066 19,298,050 22,233,354 8,023,762
BA#5 (Ordinance #6850, Proposed):422,000 - 573,900 (151,900)
Hydraulic Modeling Services Carry Forward 42,000 - 42,000 - OT 430-01
SCADA Radio System Upgrade Carry Forward 150,000 - 150,000 - OT 430-02
Consultant Services for Utility Rate Studies - - 44,300 (44,300) OT 430-03
Carry Forward Professional Services for Water Rights 230,000 - 230,000 - OT 430-04
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - 72,100 (72,100) OT 430-05
ERR Reimbursement for Vehicle Overruns - - 35,500 (35,500) OT 430-06
Revised 2022 Budget - Fund 430 11,381,066 19,298,050 22,807,254 7,871,862
Sewer Fund (#431)
2022 Adopted Budget 9,001,356 9,992,880 8,321,966 10,672,270
Previous Budget Amendments (286,984) - 976,400 (1,263,384)
2022 Amended Budget 8,714,372 9,992,880 9,298,366 9,408,886
BA#5 (Ordinance #6850, Proposed):100,000 - 197,100 (97,100)
SCADA Radio System Upgrade Carry Forward 100,000 - 100,000 - OT 431-01
Consultant Services for Utility Rate Studies - - 25,000 (25,000) OT 431-02
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - 72,100 (72,100) OT 431-03
Revised 2022 Budget - Fund 431 8,814,372 9,992,880 9,495,466 9,311,786
Page 5 of 9 3/9/2022 4:38 PM
Page 13 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Storm Drainage Fund (#432)
2022 Adopted Budget 10,263,121 10,951,870 9,283,281 11,931,710
Previous Budget Amendments 613,461 - 369,600 243,861
2022 Amended Budget 10,876,582 10,951,870 9,652,881 12,175,571
BA#5 (Ordinance #6850, Proposed):50,000 - 147,800 (97,800)
SCADA Radio System Upgrade Carry Forward 50,000 - 50,000 - OT 432-01
Consultant Services for Utility Rate Studies - - 25,700 (25,700) OT 432-02
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - 72,100 (72,100) OT 432-03
Revised 2022 Budget - Fund 432 10,926,582 10,951,870 9,800,681 12,077,771
Solid Waste Fund (#434)
2022 Adopted Budget 5,578,288 18,629,600 18,719,680 5,488,208
Previous Budget Amendments (281,301) - 681,200 (962,501)
2022 Amended Budget 5,296,987 18,629,600 19,400,880 4,525,707
BA#5 (Ordinance #6850, Proposed):- - (216,300) 216,300
Reallocate Utility Bill Printing and Credit Card Fee Expenses - - (216,300) 216,300 OT 434-01
Revised 2022 Budget - Fund 434 5,296,987 18,629,600 19,184,580 4,742,007
Airport Fund (#435)
2022 Adopted Budget 1,608,781 1,507,100 2,878,847 237,034
Previous Budget Amendments (473,825) 750,000 (397,200) 673,375
2022 Amended Budget 1,134,956 2,257,100 2,481,647 910,409
BA#5 (Ordinance #6850, Proposed):10,000 - 10,000 -
Airport Repairs & Maintenance Carry Forward 10,000 - 10,000 - OT 435-01
Revised 2022 Budget - Fund 435 1,144,956 2,257,100 2,491,647 910,409
Cemetery Fund (#436)
2022 Adopted Budget 364,582 1,280,400 1,386,048 258,934
Previous Budget Amendments 437,117 97,100 97,100 437,117
2022 Amended Budget 801,699 1,377,500 1,483,148 696,051
BA#5 (Ordinance #6850, Proposed):- - 15,000 (15,000)
Cemetery Gator Replacement - - 15,000 (15,000) OT 436-01
Convert Cemetery Maintenance Worker LTE to FTE (no cost in 2022)- - - - OG 436-02
Revised 2022 Budget - Fund 436 801,699 1,377,500 1,498,148 681,051
Page 6 of 9 3/9/2022 4:38 PM
Page 14 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Sewer Capital Fund (#461)
2022 Adopted Budget 8,125,157 755,600 3,815,900 5,064,857
Previous Budget Amendments (395,750) - - (395,750)
2022 Amended Budget 7,729,407 755,600 3,815,900 4,669,107
BA#5 (Ordinance #6850, Proposed):- - 100,000 (100,000)
Additional Funding for Comprehensive Sewer Plan - - 100,000 (100,000) OT 461-01
Revised 2022 Budget - Fund 461 7,729,407 755,600 3,915,900 4,569,107
Storm Drainage Capital Fund (#462)
2022 Adopted Budget 6,713,135 562,800 4,651,800 2,624,135
Previous Budget Amendments 519,381 - 1,381,000 (861,619)
2022 Amended Budget 7,232,516 562,800 6,032,800 1,762,516
BA#5 (Ordinance #6850, Proposed):- - (120,000) 120,000
Additional Funding for Comprehensive Storm Drainage Plan - - 180,000 (180,000) OT 462-01
Correct CP2118 Project Budget - - (300,000) 300,000 OT 462-02
Revised 2022 Budget - Fund 462 7,232,516 562,800 5,912,800 1,882,516
Facilities Fund (#505)
2022 Adopted Budget 623,845 3,694,500 3,724,226 594,119
Previous Budget Amendments (46,261) (67,800) 112,000 (226,061)
2022 Amended Budget 577,584 3,626,700 3,836,226 368,058
BA#5 (Ordinance #6850, Proposed):42,700 150,000 438,700 (246,000)
Replace Justice Center Elevator Components - - 50,000 (50,000) OT 505-01
Arts & Cultural Roof Replacement Carry Forward - 150,000 150,000 - OT 505-02
City Hall Elevator Modification Carry Forward and New Request 42,700 - 175,700 (133,000) OT 505-03
Compliance with Clean Building Standards - - 20,000 (20,000) OG 505-04
Contracted Security - - 43,000 (43,000) OT 505-05
Revised 2022 Budget - Fund 505 620,284 3,776,700 4,274,926 122,058
Page 7 of 9 3/9/2022 4:38 PM
Page 15 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
Innovation & Technology Fund (#518)
2022 Adopted Budget 1,949,637 6,903,800 7,014,444 1,838,993
Previous Budget Amendments 126,252 6,000 6,000 126,252
2022 Amended Budget 2,075,889 6,909,800 7,020,444 1,965,245
BA#5 (Ordinance #6850, Proposed):255,000 - 255,000 -
Carry Forward IT Equipment, Upgrades and Licenses 255,000 - 255,000 - OT 518-01
Revised 2022 Budget - Fund 518 2,330,889 6,909,800 7,275,444 1,965,245
Equipment Rental Fund (#550)
2022 Adopted Budget 1,552,779 2,301,100 3,079,708 774,171
Previous Budget Amendments 227,114 - 25,700 201,414
2022 Amended Budget 1,779,893 2,301,100 3,105,408 975,585
BA#5 (Ordinance #6850, Proposed):- - 86,000 (86,000)
ERR Reimbursement for Vehicle Overruns - - 86,000 (86,000) OT 550-01
Revised 2022 Budget - Fund 550 1,779,893 2,301,100 3,191,408 889,585
Equipment Rental Capital Fund (#560)
2022 Adopted Budget 3,902,729 1,993,760 1,435,600 4,460,889
Previous Budget Amendments (1,059,460) 72,700 72,700 (1,059,460)
2022 Amended Budget 2,843,269 2,066,460 1,508,300 3,401,429
BA#5 (Ordinance #6850, Proposed):- 225,700 301,400 (75,700)
Replace Golf Mower - 14,200 89,900 (75,700) OT 560-01
Cemetery Gator Replacement - 15,000 15,000 - OT 560-02
ERR Reimbursement for Vehicle Overruns - 196,500 196,500 - OT 560-03
Revised 2022 Budget - Fund 560 2,843,269 2,292,160 1,809,700 3,325,729
Page 8 of 9 3/9/2022 4:38 PM
Page 16 of 172
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6850)
AE AF AG AH
Beg. Fund
Balance
Revenues
Expenditures
Ending Fund
Balance OT/OG
Req
No
SKHHP Fund (#654)
2022 Adopted Budget 186,885 252,300 315,450 123,735
Previous Budget Amendments 38,028 24,225 25,400 36,853
2022 Amended Budget 224,913 276,525 340,850 160,588
BA#5 (Ordinance #6850, Proposed):- 126,000 100,000 26,000
SKHHP Regional Effort - 100,000 100,000 - OT 654-01
SKHHP Membership Dues - 26,000 - 26,000 OT 654-02
Revised 2022 Budget - Fund 654 224,913 402,525 440,850 186,588
Grand Total - All Funds
2022 Adopted Budget 109,651,771 216,957,920 237,525,025 89,084,666
Previous Budget Amendments 18,764,712 1,529,725 7,424,350 12,870,087
2022 Amended Budget 128,416,483 218,487,645 244,949,375 101,954,753
TOTAL BA#5 (Ordinance #6850, Proposed):2,068,070 11,512,416 6,336,902 7,243,584
Revised 2022 Budget 130,484,553 230,000,061 251,286,277 109,198,337
360,484,614 360,484,614
Page 9 of 9 3/9/2022 4:38 PM
Page 17 of 172
Schedule B
2021 Ending Fund Balance/Working Capital
by Fund
Fund
2022
Adopted
Budget
BA#4
(Ord #6837)
2022
Amended
Budget
(before BA#5)
BA#5
(Ord #6850)
Revised
Budget
General Fund (#001)6,858,019 4,006,548 10,864,567 (1,429,300) 9,435,267
Arterial Street Fund (#102)313,209 (70,179) 243,030 (150,000) 93,030
Local Street Fund (#103)1,314,428 709,525 2,023,953 - 2,023,953
Hotel/Motel Tax Fund (#104)179,066 90,521 269,587 - 269,587
Arterial Street Preservation Fund (#105)1,437,904 (71,451) 1,366,453 - 1,366,453
American Rescue Plan Act Fund (#106)- 3,446,700 3,446,700 4,823,734 8,270,434
Drug Forfeiture Fund (#117)404,042 (53,266) 350,776 (5,000) 345,776
Housing & Comm Develop Fund (#119)42,904 (579) 42,325 - 42,325
Recreation Trails Fund (#120)94,825 2,287 97,112 - 97,112
BIA Fund (#121)27,425 73,070 100,495 - 100,495
Cumulative Reserve Fund (#122)4,614,315 4,196,829 8,811,144 2,029,800 10,840,944
Mitigation Fees Fund (#124)4,683,092 (1,176,597) 3,506,495 2,581,550 6,088,045
City Hall Annex 2010 A&B Bond Fund (#230)4,489 (4,489) - - -
Local Revitalization 2010 C&D Bond Fund (#231)34,133 (34,133) - - -
2020 LTGO A&B Refunding Bonds Fund (#232)- 798,248 798,248 - 798,248
SCORE Debt Service Fund (#238)- - - - -
LID Guarantee Fund (#249)1,689 7 1,696 - 1,696
LID 350 Fund (#275)1,373 794 2,167 - 2,167
Golf/Cemetery 2016 Refunding Fund (#276)- - - - -
Parks Construction Fund (#321)785,896 (177,301) 608,595 (100,000) 508,595
Capital Improvements Fund (#328)3,458,004 2,627,711 6,085,715 - 6,085,715
Local Revitalization Fund (#330)- - - - -
Water Fund (#430)7,201,880 821,882 8,023,762 (151,900) 7,871,862
Sewer Fund (#431)10,672,270 (1,263,384) 9,408,886 (97,100) 9,311,786
Storm Drainage Fund (#432)11,931,710 243,861 12,175,571 (97,800) 12,077,771
Sewer Metro Sub Fund (#433)2,074,736 771,586 2,846,322 - 2,846,322
Solid Waste Fund (#434)5,488,208 (962,501) 4,525,707 216,300 4,742,007
Airport Fund (#435)237,034 673,375 910,409 - 910,409
Cemetery Fund (#436)258,934 437,117 696,051 (15,000) 681,051
Water Capital Fund (#460)2,816,839 (257,156) 2,559,683 - 2,559,683
Sewer Capital Fund (#461)5,064,857 (395,750) 4,669,107 (100,000) 4,569,107
Storm Drainage Capital Fund (#462)2,624,135 (861,619) 1,762,516 120,000 1,882,516
Airport Capital Fund (#465)196,137 140,783 336,920 - 336,920
Cemetery Capital Fund (#466)10,583 43,597 54,180 - 54,180
Insurance Fund (#501)1,400,053 18,262 1,418,315 - 1,418,315
Workers' Comp Fund (#503)2,905,527 58,098 2,963,625 - 2,963,625
Facilities Fund (#505)594,119 (226,061) 368,058 (246,000) 122,058
Innovation & Technology Fund (#518)1,838,993 126,252 1,965,245 - 1,965,245
Equipment Rental Fund (#550)774,171 201,414 975,585 (86,000) 889,585
Equipment Rental Capital Fund (#560)4,460,889 (1,059,460) 3,401,429 (75,700) 3,325,729
IT Capital Fund (#568)225,014 (135,461) 89,553 - 89,553
Fire Pension Fund (#611)1,819,133 55,039 1,874,172 - 1,874,172
SKHHP Fund (#654)123,735 36,853 160,588 26,000 186,588
Cemetery Endowment Fund (#701)2,110,896 39,116 2,150,012 - 2,150,012
Total 89,084,666 12,870,087 101,954,753 7,243,584 109,198,337
Page 18 of 172
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Projects Status Report and Feature Project (Gaub)(15
Minutes)
Date:
March 7, 2022
Department:
Public Works
Attachments:
Capital Projects Status Report
Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The purpose of this discussion is to inform the Council and Public of the overall status of the
City’s Capital Project program managed by the Engineering Services Division and to present
the 2022 first quarter feature capital project, the 4th Street SE Preservation – Auburn Way
South to L Street SE project (Project No. CP2102). This Project will replace aging City
underground utilities, remove sidewalk obstructions, replace sidewalks (as needed), replace
curb ramps (as needed), improve street lighting, and construct a new roadway surface.
Construction of this project is anticipated to start in March 2022 and be complete in the Fall
2022.
The Capital Project Group of Engineering Services is currently managing 47 projects, totaling
approximately $90 million in total project costs. Of these projects, 26 are in design and 21 are
under construction. Over the course of the next month, 5 projects that are currently in design
are expected to enter the construction phase and 7 projects that are currently in construction
will enter Project Closeout and will then be removed from the Capital project Status Report.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 14, 2022 Item Number:
Page 19 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1416 F St SE Non-Motorized
Improvements
This project will reconstruct F St
SE from 4th St SE to Auburn
Way South, including adding
new sidewalks, curb and gutter,
street lighting, streetscape
elements, and safety
improvements. Some sections of
water and sewer lines will be
replaced and overhead utilities
will be relocated underground.
Some ROW acquisition was
necessary. The project also
includes bike boulevard and
way-finding components
between Auburn Station and Les
Gove Community Campus.
$4,168,444
(Includes
Federal Grant
Funds)
QTR 2 (APR-
JUN)
20
QTR 1 (JAN-
MAR)
22
Seth
Wickstrom
Physical Completion was
issued on January 26,
2022. Processing final
pay. Grant closeout is
also underway.
Jacobs Sound
Pacific
Construction
CP1903 Auburn Way North
Preservation Phase 2
This project will grind and
overlay Auburn Way N from
approximately 8th Street NE to
22nd Street NE, remove unused
driveways, and upgrade curb
ramps and pedestrian signals as
needed to meet ADA
requirements.
$1,631,206
(Includes
Federal Grant
Funds)
QTR 2 (APR-
JUN)
20
QTR 1 (JAN-
MAR)
22
Luis Barba Punch list work is
complete. WSDOT final
inspection was completed
on January 27, 2022.
Processing final pay.
This project is combined
with CP1904 for
construction.
N/A Sound
Pacific
Construction
Capital Project Status Report
Construction Projects
Public Works Department - Engineering General Services Division
Page: 1
Page 20 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1904 Auburn Way North
Preservation Phase 3
This project will grind and
overlay Auburn N/S from
approximately 4th Street SE to
8th Street NE, remove unused
driveways, and upgrade all curb
ramps and pedestrian signals to
meet ADA requirements.
$2,465,339
(Includes
Federal Grant
Funds)
QTR 2 (APR-
JUN)
20
QTR 1 (JAN-
MAR)
22
Luis Barba Punch list work is
complete. WSDOT final
inspection was completed
on January 27, 2022.
Processing final pay.
Project is combined with
CP1903 for construction.
N/A Sound
Pacific
Construction
CP1618 Lake Tapps Parkway ITS
Expansion Project
Construction of new Intelligent
Transportation System (ITS)
infrastructure along Lake Tapps
Parkway and A St SE. New
infrastructure includes new
communication lines, Variable
Message Sign, ITS cameras,
network upgrades, wireless
connections, an interconnection
with Sumner at 8th St E, &
weather stations at Lakeland
hills. The project will also
replace some aerial copper
communication lines along A St
SE.
$1,130,000
(Includes
Federal Grant
Funds)
QTR 3 (JUL-
SEP)
20
QTR 4 (OCT-
DEC)
21
Jai Carter Physical Completion was
issued on December 2,
2021. Processing final
pay.
Transpo
Group
Mill Plain
Electric
CP1916 Academy Pump Station 1
Replacement
This project demolishes and
replaces Pump Station 1,
repurposes Pump Station 2 into
a storage facility, replaces
backup power systems at the
site, and replaces/installs
underground water main to the
facility.
$4,352,479 QTR 2 (APR-
JUN)
21
QTR 3 (JUL-
SEP)
22
Jeffrey
Bender
Construction of the
exterior walls has begun.
Pumps and motors were
delivered to the site and
installed. Contractor is
installing the roof
structural support
members. Once the roof
members are installed
the contractor will
complete the structural
wall. Insulation and
exterior veneer will be
starting in March.
Carollo McClure &
Sons, Inc.
Page: 2
Page 21 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1927 Auburn Way N and 1st Street
NE Signal Replacement
This project will replace the
existing traffic signal at Auburn
Way North and 1st Street NE
with a new traffic signal per the
City of Auburn standards and
the Downtown standards. The
project also includes adding left
turn pocket on 1st Street NE and
flashing yellow arrows in all four
directions.
$1,606,514 QTR 3 (JUL-
SEP)
21
QTR 2 (APR-
JUN)
22
Matt Larson Construction work has
been suspended due to
weather conditions and
the procurement of
critical materials. It is
anticipated that work will
resume in April 2022.
N/A RW Scott
Construction
CP1922 Lead Service Line
Replacement Project
The purpose of this project is to
provide improvements to the
City’s water distribution system,
and avoid any potential public
health issues associated with
existing lead gooseneck service
line infrastructure. The project
will replace approximately 7,100
linear feet of water main,
approximately 190 water
services, potentially reconstruct
13 street segments and upgrade
associated drainage, curb &
gutter, curb ramps; as well as
grind and overlay 4 street
segments.
$7,697,532 QTR 4 (OCT-
DEC)
21
QTR 3 (JUL-
SEP)
22
Jai Carter The contractor is
currently installing new
water main and services
on D St SE between 2nd
St SE and 4th St SE; and
at 2nd St NE between
Auburn Way N and E St
NE. Water main
installation and services
have been completed at
the following locations:
10th Street SE, 11th
Street SE, 14th St SE, N
St NE, and Pike Street
NE.
MurraySmith Pivetta
Brothers
Construction
Page: 3
Page 22 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2012 M Street SE Sidewalk
Improvements
Project will design and construct
missing sections of sidewalk
along M Street SE between
Auburn Way S and 8th St SE.
The project scope includes
installation of sidewalk, ADA
curb ramps and street lighting.
$749,542
(Includes
State Grant
Funds)
QTR 2 (APR-
JUN)
21
QTR 1 (JAN-
MAR)
22
Luis Barba Physical Completion was
granted on January 11,
2022. Processing Final
Pay.
N/A CCT
Construction
Inc.
CP2003 2nd Street SE Preservation
Project
This project will reconstruct the
pavement on 2nd Street SE
between A Street SE and
Auburn Way S. The project will
also replace 450 feet of sewer
main, construct new curb ramps,
install new LED Street lighting,
replace curb & gutter as needed,
and upgrade drainage
infrastructure as needed.
$1,163,755
(Includes
State Grant
Funds)
QTR 2 (APR-
JUN)
22
QTR 4 (OCT-
DEC)
22
Jai Carter Bids were opened on
February 8, 2022.
Apparent low bidder is
Ceccanti, Inc. City staff is
performing reference
checks and other
verifications to determine
if the apparent low bidder
meets the responsible
bidding criteria.
N/A Ceccanti,
Inc.
(Pending)
CP2010 2021 Sewer Repair and
Replacement Project
This project plans to replace a
total of approximately 2585 LF
of 8”-10” diameter sewer line at
9 separate sites and construct
10 spot repairs.
$2,400,000 QTR 2 (APR-
JUN)
21
QTR 1 (JAN-
MAR)
22
Jai Carter Contractor is currently
working on Site #17 (M
Street SE). Pavement
restoration work will
begin as weather permits
beginning the week of
March 7, 2022.
N/A Nordvind
Company
CP2011 Lakeland Hills Way
Preservation
Grind, patch, and overlay
Lakeland Hills Way from 57th
Drive SE to Lake Tapps Dr SE.
$1,646,000 QTR 2 (APR-
JUN)
21
QTR 1 (JAN-
MAR)
22
Seth
Wickstrom
Physical Completion was
granted on February 22,
2022. Processing final
pay.
N/A ICON
Materials
Page: 4
Page 23 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2017 2021 Storm Renewal and
Replacement Project
The purpose of this project is to
repair and replace storm system
infrastructure throughout the
City, at eight different locations.
Improvements will eliminate
known drainage issues and
reduce maintenance efforts.
$1,100,000 QTR 3 (JUL-
SEP)
21
QTR 1 (JAN-
MAR)
22
Luis Barba The contractor has
completed all
underground utility work.
The construction will go
into suspension until an
ideal weather window is
available to perform
pavement restoration
work at each site. It is
anticipated work will be
completed by April 2022.
N/A Northwest
Cascade
CP2019 2021 Local Street
Reconstruction and
Preservation
This project will design and
construct the following
improvements: Site #1 (G St SE
from E Main to 4th St SE) - Full
depth pavement re-build;
replace water main incl. water
services; upgrade storm
drainage system as needed; and
upgrade curb ramps to meet
ADA. Site #2 (Riverwalk/Forest
Ridge) - Grind and overlay the
roadway; replace water main
incl. water services; upgrade
storm drainage system on 24th
Ave/St. SE; and upgrade curb
ramps to meet ADA.
$5,660,000 QTR 2 (APR-
JUN)
21
QTR 2 (APR-
JUN)
22
Kim Truong Both project sites are
suspended until the
spring of 2022 for
suitable weather to
perform the final paving.
At both sites, all the
underground utilities,
concrete work, major
restoration, and the base
asphalt pavement section
have been completed.
Jacobs
Engineering
Tucci &
Sons
Page: 5
Page 24 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2007 Lea Hill Rd Bridge Deck
Preservation
The project will grind and
overlay the Lea Hill bridge deck
in an effort to extend the overall
service life of the bridge.
$980,642
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
22
QTR 2 (APR-
JUN)
22
Kim Truong Notice to proceed with
construction was issued
on December 17, 2021.
The construction contract
has been suspended due
to unsuitable weather for
bridge deck construction
work. It is anticipated that
the construction work will
begin in April 2022.
This project is combined
with CP2006 for
construction.
KPFF Combined
Construction
CP2006 3rd Street SW Bridge Decks
Preservation
The project will seal and overlay
the 3rd Street SW bridge decks
in an effort to extend the overall
service life of the bridges.
$588,935
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
22
QTR 2 (APR-
JUN)
22
Kim Truong Notice to proceed with
construction was issued
on December 17, 2021.
The construction contract
has been suspended due
to unsuitable weather for
bridge deck construction
work. It is anticipated that
construction work will
begin in April 2022.
This project is combined
with CP2007 for
construction.
KPFF Combined
Construction
CP2102 4th Street SE Preservation
This Project will replace
pavement and utilities on 4th
Street SE from Auburn Way
South to L Street SE. The
project will also include
replacement of City utilities,
removal of sidewalk
obstructions, replacement of
sidewalk and curb ramps as
needed to address ADA
requirements, street lighting,
and other improvements.
$5,938,883 QTR 1 (JAN-
MAR)
22
QTR 4 (OCT-
DEC)
22
Jeffrey
Bender
Preconstruction meeting
was held on February 23,
2022. Notice to proceed
with construction is
anticipated to be issued
on March 4, 2022 with
the first working day on
March 7, 2022.
HDR Reed
Excavating
and Trucking
Page: 6
Page 25 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2106 2021 Sidewalk and ADA
Improvements
The purpose of this project is to
improve pedestrian accessibility
and safety throughout the City.
The project includes numerous
sites throughout the City where
curb ramps are missing or need
to be improved, where sidewalks
are in need of repair or
improvement, and where
pedestrian crosswalk
improvements are desired.
$490,463
(Includes
Federal Grant
Funds)
QTR 4 (OCT-
DEC)
21
QTR 1 (JAN-
MAR)
22
Kim Truong Physical Completion was
granted on February 9,
2022. Processing final
pay.
N/A Reign City
Service
CP2115 Deduct Meter Replacement,
Phase 3
This project will replace the
remaining deduct meters
(approximately 68) within the
City limits, including replacing
related piping and restoration.
$729,154 QTR 1 (JAN-
MAR)
22
QTR 3 (JUL-
SEP)
22
Jeffrey
Bender
Preconstruction meeting
was held on February 1,
2022. Notice to proceed
with construction was
issued on February 18,
2022 with the first
working day on February
22, 2022. The contractor
is currently working on
submittals and marking
the first set of sites for
saw cutting.
N/A Nordvind
Company
CP2008 Parking Lot Improvements
This project consists of
troubleshooting and replacing
outlets with enclosures,
replacing light fixtures, removing
light poles, and installing new
downtown pedestrian poles with
foundations.
$99,000 QTR 3 (JUL-
SEP)
21
QTR 2 (APR-
JUN)
22
Aleksey
Koshman
The construction contract
has been suspended for
the procurement of long
lead-time materials. It is
anticipated that the work
will resume the first week
of April 2022.
N/A West Coast
Signal
Page: 7
Page 26 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2120 Auburn Way Pavement
Patching
The Auburn Way Pavement
Patch project will grind and
overlay asphalt to meet the City
of Auburn standards at locations
where previous temporary
patching has been completed by
the City water department.
$150,000 QTR 1 (JAN-
MAR)
22
QTR 3 (JUL-
SEP)
22
Aleksey
Koshman
This project has been
combined with CP2115.
See CP2115 for recent
progress.
N/A Nordvind
Company
CP2137 Frontage Road Culvert Repair,
Phase 1
This project will be completed in
2 phases. Phase 1 will remove
the curb, gutter, sidewalk,
reinforced concrete support
structure, fencing and remove
the obstruction. Phase 2 will
restore the roadway, install a
large rock headwall to support
the east edge of the road to
prevent sloughing into the
channel, install a concrete
barrier in place of the fence,
relocate the existing catch basin
to the north at the south end of
the existing driveway and
stabilize the west shoulder of the
road.
$60,000 QTR 1 (JAN-
MAR)
22
QTR 2 (APR-
JUN)
22
Jeffrey
Bender
Notice to proceed with
construction was issued
on February 25, 2022
with the first working day
on February 28, 2022.
N/A Iron Creek
Construction
Page: 8
Page 27 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1603 Coal Creek Springs
Transmission Main Repair
The project will construct a
second, parallel transmission
pipeline over the White River
suspended from a new
pedestrian bridge, inspect the
existing steel transmission main
for possible leaks and repair the
leaks, if any.
$4,393,521 QTR 4 (OCT-
DEC)
22
QTR 3 (JUL-
SEP)
23
Seth
Wickstrom
Environmental permitting
underway. Design team
is currently working on
the Hydraulic Project
Approval permit which is
expected to be submitted
the State Department of
Fish and Wildlife in May
2022.
Jacobs TBD
MS1811 Auburn Airport Runway
Extension - Property
Acquisition Phase
Acquire a portion of the King
County Park & Ride as part of
the Auburn Airport Runway
Enhancement Project (Project
Number CP1516).
$555,600
(Includes
Federal Grant
Funds)
Seth
Wickstrom
Final short plat fully
signed. King County
Council is in the process
of approving sale. Short
plat recording and
purchase of property is
expected to occur in early
March 2022.
N/A N/A
Design Projects
Page: 9
Page 28 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP1622 Auburn Way South
Improvements - Hemlock St
SE to Poplar St SE
Roadway widening to create a
five-lane cross section with two
general purpose travel lanes in
each direction, and a two-way
center left-turn lane. A new
roundabout is proposed near the
Noble Court intersection to
support access to Chinook
Elementary School. Additionally,
curb and gutter, 10 foot
sidewalks, illumination, transit
stop improvements, storm water
improvements, water main
extension, and access
management (where feasible)
with accommodation for U-turns
are proposed.
$5,105,087
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
24
QTR 3 (JUL-
SEP)
25
Jeffrey
Bender
Coordination efforts with
WSDOT and Auburn
School District related to
the Chinook Elementary
improvements are
ongoing.
The design team has
finalizing the design
concept. Consultant
design team is working
on the 30% design
submittal which is
anticipated to be
completed by April 14,
2022.
Parametrix TBD
CP2207 10th St NW/A Street NW
Intersection Improvements
The project will construct a new
traffic signal at the intersection
in place of the existing stop
control on the 10th Street NW
approach.
$1,000,000 QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Jeffrey
Bender
The project charter has
been executed. Design
survey is anticipated to
start in March 2022.
N/A TBD
CP2121 Riverwalk Drive SE Non-
Motorized Improvements
In partnership with the MIT the
project will complete the
sidewalk gap along the east side
of Riverwalk Drive SE between
Auburn Way S and Howard
Road SE. The project also
include lighting and storm
improvements and an RRFB at
Howard Road.
$1,827,000
(Includes
State Grant
Funds)
QTR 1 (JAN-
MAR)
23
QTR 3 (JUL-
SEP)
23
Jeffrey
Bender
Consultant design team
is working on the 15%
design submittal which is
anticipated to be
completed by March 25,
2022.
HDR TBD
Page: 10
Page 29 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2018 S. 330th St and 46th Place S
Storm Improvements
Relocate existing storm system
located on private property, into
approximately 350 linear feet of
new 24-inch storm pipe within
the public right-of-way.
Improvements will include
replacing existing outfall
structure and connections of
private drainage pipes.
$379,000
TBD
Luis Barba SEPA period has been
completed, no comments
were received. JARPA for
environmental permitting
phase of project was
submitted on January 24,
2022.
N/A TBD
CP2009 Rainier Ridge Pump Station
This project will replace the
Rainier Ridge Sewer Pump
Station and its associated force
main (approximately 725 ft).
$3,415,000 QTR 4 (OCT-
DEC)
22
QTR 4 (OCT-
DEC)
23
Jai Carter Design is underway. The
preliminary proposed
alternative has been
identified. Further
investigation is underway
to vet the preliminary
proposed alternative
feasibility.
Kennedy
Jenks
TBD
CP2022 Garden Avenue Realignment
The project will create a new
east/west connection between
Garden Ave (102nd Ave SE)
and 104th Ave SE and remove
the existing Garden Ave
connection to 8th St NE and
replace it with a permanent cul-
de-sac. The project will also
demolish an existing building
and acquire the ROW needed
for the roadway. Utility
improvements include storm
drainage needed to support the
roadway surface; approx. 1500
ft of new/replaced watermain;
and approx. 220 ft of sewer line.
$1,383,000 QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Kim Truong City design team is
working toward 30%
design submittal which is
anticipated to completed
in March 2022. ROW
acquisition phase has
begun.
N/A TBD
Page: 11
Page 30 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2021 Well 4 Facility Improvements
This project will evaluate
whether replacing the soft
starter with a VFD would allow
the existing generator to function
as designed or if the generator
is undersized and needs to be
replaced. The project will include
a comprehensive investigation
and evaluation of the well
operation, replacing the aging
control valve, gate valves and air
relief system.
$977,000 QTR 3 (JUL-
SEP)
22
QTR 1 (JAN-
MAR)
23
Seth
Wickstrom
Consultant design team
has determined that the
soft starter settings need
to be adjusted for the
generator to function as
designed and a new VFD
or generator are not
needed. Design team is
currently determining
which specific well
components to replace
for the construction
project scheduled to start
in QTR 3 2022.
Carollo TBD
CP2130 37th St NW Flood Control -
Phase 2
The purpose of the project is to
alleviate significant annual
flooding at the 1000 block of
37th St NW of Auburn,
Washington, by upgrading the
drainage system with a box
culvert.
$151,483
TBD TBD
Luis Barba Project is currently on
hold. Funding for the
project has expired and
the City is working with
PSE to closeout design
phase.
N/A TBD
CP2112 High Friction Surface
Treatment
The project will install high
friction surface treatment
(HFST) at six different curved
roadway segments throughout
the City. The HFST involves the
application of fine/rough
aggregate to the pavement
using a polymer binder to
increase pavement friction. The
higher pavement friction helps
motorists maintain better control
in both dry and wet driving
conditions.
$420,000
(Includes
Federal Grant
Funds)
QTR 2 (APR-
JUN)
22
QTR 3 (JUL-
SEP)
22
Aleksey
Koshman
90% design review is
complete and the city
design team is finalizing
the contract documents.
It is anticipated that this
project will be advertised
for bids in April 2022.
N/A TBD
Page: 12
Page 31 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2110 Regional Growth Center
Access Improvements
The project would improve the
3rd Street NE/4th Street NE
intersections with Auburn Ave
and Auburn Way N. The project
will improve non-motorized
access and traffic operations
and circulation. The project adds
the northbound left-turn
movements and a
northbound/southbound
crosswalk at 3rd St/Auburn Ave,
and removes the split phase
operations at 4th St/Auburn Way
N.
$2,295,000 QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Seth
Wickstrom
Consultant design team
working on 60% submittal
package which is
expected to be complete
in May 2022.
TranspoGrou
p
TBD
CP2107 PW M&O Facility
Improvements Phase 1
This project will enclose the
existing 8 bay fleet covered
parking area by installing full
height mechanically operated
doors. This project will also
expand the existing PW M&O
main building for a new Central
Stores. The existing building will
be reconfigured to increase the
fleet maintenance area. To
accommodate the addition, an
existing 8" watermain will need
to be relocated and upsized
(12") to improve fire flow to the
building.
$910,000 QTR 4 (OCT-
DEC)
22
QTR 4 (OCT-
DEC)
23
Matt Larson Design work is underway.
The consultant design
team is evaluating the
existing buildings in
preparation of developing
preliminary cost
estimates for the
proposed improvements.
Page & Beard
Architects
TBD
Page: 13
Page 32 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2119 Arterial Pedestrian and Bike
Safety Project
This project will improve
pedestrian safety and
accessibility by replacing curbs
ramps to meet ADA, installing
Rectangular Rapid Flashing
Beacon, infill gaps in the
sidewalk and storm
improvements.
$340,000
(Includes
State Grant
Funds)
QTR 2 (APR-
JUN)
22
QTR 3 (JUL-
SEP)
22
Aleksey
Koshman
90% design review is
complete and the city
design team is finalizing
the contract documents.
It is anticipated that this
project will be advertised
for bids in late March
2022.
N/A TBD
CP2118 North Airport Stormwater
Improvements Phase 2
Eliminate an existing surface
pond and convert the existing
surface pond to an underground
stormwater chamber detention
facility at the Auburn Municipal
Airport. Removing these ponds
from the surface at the airport
will eliminate the existing bird
netting and vegetation
management issues for these
two ponds.
$1,235,000 QTR 2 (APR-
JUN)
22
QTR 4 (OCT-
DEC)
22
Seth
Wickstrom
15% design submittal
from the consultant
design team is under
review by City staff. City
staff are currently
reviewing the design
alternatives with the City
storm drainage modeling
consultant to select a
preferred alternative.
PACE TBD
CP2111 Community Center Parking
Lot Improvements
This project will resurface the
main drive that serves the
Community and Event Center.
Replacing the existing pervious
concrete pavement with hot mix
asphalt pavement. Pavement
restriping will be necessary for
some of the existing parking
stalls affected by the removal
and replacement of the
pavement.
$250,000 QTR 2 (APR-
JUN)
22
QTR 2 (APR-
JUN)
22
Kim Truong Design is complete and
this project was
advertised for bids on
February 24, 2022. Bid
opening is scheduled on
March 10, 2022.
N/A TBD
Page: 14
Page 33 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2116 R Street SE/29th Street SE
Intersection Improvement
The project will make
intersection improvements at
29th St SE and R St SE and add
a second southbound lane, to
address level of service
deficiencies. The project will
include underground utility work,
as well as preservation of the
project limits, and installation of
street lighting.
$7,910,000 QTR 1 (JAN-
MAR)
24
QTR 4 (OCT-
DEC)
24
Luis Barba Design is underway. A
design kickoff meeting
and field walk-through
meeting was conducted
on January 27, 2022.
HDR TBD
CP2117 A Street SW Loop
The project will construct a new
one-way (eastbound) roadway
connection between A Street
SW/S Division Street and A
Street SE. The new intersection
with A Street SE will allow an
unsignalized right-turn
movement onto southbound A
Street SE, providing an
alternative to the intersection of
3rd Street SE and A Street SE,
which does not meet adopted
LOS standards.
$1,932,000
(Includes
Federal Grant
Funds)
QTR 3 (JUL-
SEP)
23
QTR 3 (JUL-
SEP)
24
Luis Barba Consultant design team
is working on the 15%
design submittal which is
anticipated to be
completed in mid-
February 2022.
Otak TBD
Page: 15
Page 34 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2129 Auburn Way S (SR 164)
Southside Sidewalk
Construct approximately 1,700
feet of new sidewalk along the
south side of Auburn Way S
between Howard Road and the
existing sidewalk that begins to
the west of the intersection with
Muckleshoot Plaza. The project
will also install a rectangular
rapid flashing beacon (RRFB)
where Auburn Way S intersects
Howard Rd (near Frugal's
Restaurant).
$845,000
(Includes
State Grant
Funds)
QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Seth
Wickstrom
Design survey work is
underway and is
scheduled to be complete
in April 2022.
N/A TBD
CP2123 C Street SW Preservation
This Project will grind and
overlay C Street SW between W
Main Street and the GSA signal
(approximately 2,000 feet to the
south of 15th Street SW). As
part of the project, non-ADA
compliant curb ramps and
pedestrian push buttons will be
upgraded, and c-curbing and
vehicle detection loops will be
replaced as needed. There are
also, water, storm and sewer
improvements along a portion of
C St SW.
$2,946,544
(Includes
Federal Grant
Funds)
QTR 1 (JAN-
MAR)
23
QTR 3 (JUL-
SEP)
23
Kim Truong Design survey is nearing
completion. The City
design team is working
toward 30% design
submittal which is
anticipated to be done in
April 2022.
N/A TBD
Page: 16
Page 35 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2125 D Street SE and 23rd Street
SE Storm Improvements
Project
The purpose of this project is to
eliminate localized flooding and
make better use of available
capacity in the 21st St SE
Regional Infiltration Storm Pond
by extending and connecting
existing storm infrastructure to
the storm system in 21st St SE
at D St SE and at K St SE.
$5,295,000 QTR 1 (JAN-
MAR)
23
QTR 4 (OCT-
DEC)
23
Jai Carter City has selected
MurraySmith as the
design consultant for this
project. Scope and fee
negotiations are
underway. It is
anticipated that design
work will begin in April
2022.
MurraySmith TBD
CP1612 Auburn Arts & Culture Center
- Fire Suppression
Connection
This project will supply water to
the fire suppression system that
will be constructed as part of the
Auburn Arts and Culture Center
Renovation project. A supply
line will be extended from the 8”
water main under the west
bound lanes of 1st Street NE to
the Fire Department Connection
near the NW corner of the Arts
and Culture Center building,
located at 20 Auburn Ave.
$220,000 QTR 2 (APR-
JUN)
22
QTR 2 (APR-
JUN)
22
Luis Barba 90% design review is
complete and the City
design team is finalizing
the contract documents.
It is anticipated that this
project will be advertised
for bids in March 2022.
N/A TBD
Page: 17
Page 36 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2201 Airport T-Hangar Upgrades
Remove and replace the electric
role up canvas doors on the J
Hangar row at the Auburn
Municipal Airport. Enclose at
least 1 row of the 4 existing
“open” hangars (E through H
Hangar rows) by installing
partition walls and manual
sliding doors. One additional row
of the 4 existing “open” hangars
rows will also be enclosed if the
budget allows.
$1,000,000 QTR 4 (OCT-
DEC)
22
QTR 1 (JAN-
MAR)
23
Seth
Wickstrom
City has selected KPFF
as the design consultant
for this project. Scope
and fee negotiations are
underway. It is
anticipated that design
work will begin in April
2022.
KPFF TBD
CP2137 Frontage Road Culvert Repair,
Phase 2
This project will be completed in
2 phases. Phase 1 will remove
the curb, gutter, sidewalk,
reinforced concrete support
structure, fencing and remove
the obstruction. Phase 2 will
restore the roadway, install a
large rock headwall to support
the east edge of the road to
prevent sloughing into the
channel, install a concrete
barrier in place of the fence,
relocate the existing catch basin
to the north at the south end of
the existing driveway and
stabilize the west shoulder of the
road.
QTR 3 (JUL-
SEP)
22
QTR 3 (JUL-
SEP)
22
Jeffrey
Bender
Consultant scope and fee
negotiations are
complete. On-Call task
assignment is being
routed for review. Design
is anticipated to start in
March 2022.
KPFF
Page: 18
Page 37 of 172
Project
Number Project Name & Description Current
Budget
Construction
Start
Construction
Finish
Project
Manager Recent Progress Design
Consultant Contractor
CP2131 2022 Sidewalk and ADA
Improvements
The purpose of this project is to
improve pedestrian accessibility
and safety throughout the City.
The project includes numerous
sites throughout the City where
curb ramps are missing or need
to be improved, where sidewalks
are in need of repair or
improvement, and where
pedestrian crosswalk
improvements are desired.
$335,000
(Includes
Federal Grant
Funds)
QTR 2 (APR-
JUN)
22
QTR 3 (JUL-
SEP)
22
Kim Truong City design team
completed the 90%
design submittal on
February 23, 2022 which
is currently under review.
N/A TBD
MS2115 2022 Channelization Project
This project will restore
thermoplastic pavement
markings (i.e. crosswalks, stop
lines, arrows and legends),
install Methyl Methacrylate
(MMA) markings for "cat-tracks",
refresh paint striping and
installing raised pavement
markers (RPMs) at various
locations across the City.
$370,000 QTR 2 (APR-
JUN)
22
QTR 2 (APR-
JUN)
22
Aleksey
Koshman
City design team
completed 90% design
submittal on February 23,
2022 which is currently
under review.
N/A TBD
Page: 19
Page 38 of 172
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S T A I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
ENGINEERING SERVICES
CAPITAL PROJECT STATUS
REPORT & FEATURE PROJECTS
RYAN VONDRAK & JEFF BENDER
CITY COUNCIL STUDY SESSION
MARCH 14, 2022
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
Page 39 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CAPITAL PROJECTS – CURRENT STATUS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
47 Active Capital Projects (Approximate total proje ct value $90 million)
26 in Design Phase (Approximate total project value $45.5 million)
21 in Construction Phase (Approximate total project value $44.5
million)
Page 40 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CAPITAL PROJECTS –CONSTRUCTION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
0.0
5.0
10.0
15.0
20.0
25.0
30.0
2017 (17) 2018 (13) 2019 (17) 2020 (17) 2021 (18) 2022 (1)*
21.0
13.0
20.1 21.3
26.7
5.9
4
TOTAL PROJECT VALUE (MILLIONS)YEAR (# CONSTRUCTION CONTRACTS PROCURED)
Page 41 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CP2112 HIGH FRICTION SURFACE TREATMENT
- Page 12 in CPS Report
- Perform Pavement Patching
- Install High Friction Surface Treatment
- Construction June 2022
Page 42 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CP2119 ARTERIAL PEDESTRIAN AND BIKE SAFETY
- Page 14 in CPS Report
- Replacing Curb Ramps
- Fill in Sidewalk Gap
- Install Rectangular Rapid Flashing Beacon
- Storm Improvements
- Construction May 2022
Page 43 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CP1612 AUBURN ARTS & CULTURE CENTER FIRE
SUPPRESSION CONNECTION
- Page 17 in CPS Report
- Construct water supply
line for the fire
suppression system
- Construction April 2022
Page 44 of 172
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S T A I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
FEATURE CAPITAL PROJECTS:
4 TH STREET SE PRESERVATION
(AUBURN WAY SOUTH TO L STREET SE)
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
Page 45 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
VICINITY MAP
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 46 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
EXISTING CONDITIONS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Left – Standing
Water/Drainage
Issues.
Right –
Damaged
Sidewalk.
Page 47 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
EXISTING CONDITIONS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Failing Pavement
Substandard Curb Ramps
Page 48 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
·Replace aging City underground
utilities.
·Remove sidewalk obstructions.
·Replace sidewalks (as needed).
·Replace curb ramps (as needed).
SCOPE/PURPOSE
·Improve street lighting.
·Construct a new roadway surface.
·Construct an enhanced pedestrian crossing at J
Street SE.
·Construct curb bulb-outs to encourage traffic
calming and reduce pedestrian crossing distance.
Page 49 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
PROJECT BENEFITS
·Provides a smooth riding pavement
surface and structural integrity to the
roadway.
·Eliminates potholes and depressions in
the pavement.
·Improves access for people with
disabilities with upgraded ADA facilities.
·Provides better pedestrian access.
·Improves drainage on 4th St SE
between Auburn Way S and L St SE.
·Replaces aging water and sewer lines.
·Reduces maintenance costs.
Page 50 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
BENEFITS, BUDGET AND SCHEDULE
CONSTRUCTION
March 2022 to
October 2022
Advertise & Award
January 2022
Design Complete
December 2021
Estimated Project Cost = $4.83 Million
Arterial Street Preservation Fund ($610k)
TIB Grant – ($1.69M)
Water Fund – Bonds and Utility ($1.18M)
Storm Fund – ($598K)
Sewer Fund – ($753K)
Page 51 of 172
AGENDA BILL APPROVAL FORM
Agenda Subject:
2021 State of Our Streets (SOS) (Gaub)(20 Minutes)
Date:
March 9, 2022
Department:
Public Works
Attachments:
2021 State of Our Streets Das hboard
Presentation Slides
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
This is a 2021 year end summary of the City’s Arterial/Collector and Local Street Pavement
Preservation Programs. This year’s summary is presented using the dashboard format that
will also be incorporated into the City’s webpage. This dashboard provides the public with a
quick look at the overall condition of the City’s roadways and preservation program activities.
It also gives City policy makers an executive level overview to help facilitate policy and
funding decisions. Additional information is also available on the City’s website that provides a
more in depth explanation of the City’s street preservation programs including program
history, projects, funding, and technical considerations.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 14, 2022 Item Number:
Page 52 of 172
2021 STATE OF OUR STREETS DASHBOARD
Overall Assessment: The paving projects completed in 2021 improved approximately 16.5 equivalent
lane miles of roadway. This resulted in an increase in the overall condition of streets in the city
slightly from 2020 to 2021. Pavement projects programmed for 2022 will improve approximately 8.9
equivalent lane miles of road. Additional projects through 2024 are in varied stages of planning and
design. Accounting for the predicted impact of these current and upcoming projects, modeling
continues to show a slow decline of the overall average roadway PCI over the coming years at the
current anticipated funding amounts. The data suggests that additional funding is needed to prevent
overall roadway conditions from declining further and to get the Arterial and Collector roadways to
the target PCI of 70 and keep it there.
Page 53 of 172
2021 STATE OF OUR STREETS DASHBOARD
Arterial and Collector Streets
Arterial and collector streets make up just over half of the total
equivalent lane miles of roadways throughout the City. There
are approximately 93 lane miles of collector streets and roughly
225 lane miles of arterial streets that together have an overall
average PCI of 62 (compared to 61 in 2020). The average PCI
for collector and arterials has been hovering around 60 since
about 2015. This indicates that re-building and preservation
efforts have been relatively successful at maintaining the status
quo but are not yet sufficient to reach the target of 70 PCI. Over
the next four years an estimated 40 lane miles of road are
expected to deteriorate beyond the point where preservation
treatments can restore them and they would require a more
expensive full re-build. Based on the current funding levels
shown in the City’s Transportation Improvement Plan (TIP) and anticipated grant funding, there is
only funding available to preserve approximately 12 lane miles. This leaves approximately 28 lane
miles of arterial and collector road that will deteriorate past the point for preservation treatments.
These roadways will eventually require reconstruction at a cost that is over 4 times higher than
preservation treatments. Simulations indicate that an average funding level of approximately $5
million per year, over the next 12 years, would be required to bring the overall PCI for arterials and
collectors up to an average PCI of 70.
Funding Note: The arterial and collector
preservation programs rely heavily on grant
funding. Currently, no grant funding has
been secured beyond 2024. Additionally,
arterial streets are further classified as either
principal or minor arterials. Typically,
principal arterials are much more competitive
in grant applications than minor arterials.
Many of the remaining streets that require
preservation treatments are minor arterials,
and therefore, the city anticipates that they
will not compete well for future grant funding.
It follows that over time, it is likely that it will
become increasingly difficult to depend on
grant funding and additional funding sources
would be needed.
The projects underway in 2022 include the
reconstruction of 4th Street SE and 2nd
Street SE, which contributes to the predicted
decline in the average PCI despite the
funding level in 2022 being higher. This is due to the greater expense of rebuilding streets rather
than preserving a greater amount of pavement for the same cost.
Page 54 of 172
2020 STATE OF OUR STREETS DASHBOARD
Local Streets
There are currently approximately 315 equivalent lane miles of
local streets in the city. Local streets have an overall average
PCI of 76 (compared to 75 in 2020). Despite the City’s target
of 70 PCI being achieved there are still many local roads in
need of repair and replacement. Roughly 70% of local roads
are in good condition, 26% are in fair condition, and 4% are in
need of a full re-build. Since 2015, the overall average PCI for
local streets has increased from 69, due to the City’s
preservation and re-building projects, pavement restoration
included with private and public utility projects, and the addition
of new local roads from development activity.
Funding Note: From 2013 to 2019, the local streets program was funded by new construction sales
tax. Since 2019 the program has been spending down the fund balance, with some supplemental
funding from Real Estate Excise Tax (REET)
funds. The program has been funded at
$1.65M per year with the current biennial
budget, but at this time no sustainable
funding source has been identified beyond
2022. Simulations indicate that maintaining
current funding levels results in the average
PCI holding stable in the mid 70’s (assuming
no other changes). If a sustainable funding
source is not identified for 2023 and beyond,
it is predicted that the average PCI for local
streets will drop below 70 by 2030. Changes
that may impact the average PCI (to be
higher or lower than currently forecasted)
include more or less of the development and
utility work that build new roadways and
restore existing roadways and refinement of
the parameters used to predict PCI values
based on additional data being collected.
Page 55 of 172
PCI Further Explained:
Pavement Condition Index (PCI) is a 0 to 100 score that reflects the overall condition of roadway
pavement and what types and degrees of maintenance and repair (or preservation activities) are
needed to maximize the pavement's overall service life. A PCI of 100 is brand new pavement and a
PCI of 0 is a roadway where the pavement has turned into gravel and dirt. The most efficient
approach towards prolonging the life of a roadway is to keep the PCI at 70 or above (considered to be
"good condition") for as long as possible. This is achieved through good pavement design and
periodic light maintenance activities like patching and crack sealing. Once the PCI of a roadway has
dropped below 70 (or from "good condition" to "fair condition"), additional patching and replacement
of the top layer of pavement (overlay or grind and overlay) is needed to bring the pavemen t back into
"good condition" and extend the life of the pavement. Without these pavement preservation efforts,
the PCI continues to decrease and the costs to bring the pavement back into "good condition"
increases. Additionally, as the PCI decreases, more and more potholes form on the roadway which
requires more and more temporary and permanent pothole repairs (by the City's Maintenance and
Operations Street crew). Eventually, without preservation activities, the PCI will drop below 40 and
the roadway is considered to be in "poor condition" and in need of a very expensive full re-build. With
these considerations, the City targets an overall PCI of 70 in order to maximize pavement life and
minimize maintenance and preservation costs. Periodically, the City p erforms citywide inspections to
determine the pavement condition index (PCI) for each roadway it maintains. The PCI inspections
were completed in 2013, 2017, and most recently in the summer of 2019. The PCI inspection data is
used to plan pavement preservation activities and as a gauge to measure how overall roadway
conditions have, and will, respond to different funding levels and other factors that impact roadway
conditions such as new development, City and non-City utility work in roadways, truck traffic,
pavement design (past and present), and weather conditions.
Page 56 of 172
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S TA I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
PUBLIC WORKS
ENGINEERING SERVICES
2021 STATE OF OUR STREETS
(SOS)
JAMES WEBB, SENIOR TRAFFIC ENGINEER
KENNETH CLARK, ASSISTANT TRAFFIC ENGINEER
MARCH 14, 2022
CITY COUNCIL STUDY SESSION
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
Page 57 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
State of our streets
Refers to the condition of the roadway pavement
Does not consider condition of sidewalks
Does not consider drainage issues
Does not consider congestion (capacity) or safety issues
State of our Streets
Includes all City maintained streets
Local, Collector, and Arterial Streets (248 centerline miles)
Includes roadways with Asphalt and Concrete pavement
Excludes private streets
Excludes alleys
Excludes public streets maintained by others (WSDOT maintains Auburn Way South, Ramps)
WHAT IS SOS (STATE OF OUR STREETS)?
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 58 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
PRESENTATION OUTLINE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Street Preservation Overview
Preservation Projects and Programs
Summary of 2021 Street Conditions (Dashboard)
Funding and Predicting Pavement Condition
Next Steps
Page 59 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
STREET PRESERVATION OVERVIEW
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 60 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
STREET PRESERVATION OVERVIEW
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
0
10
20
30
40
50
60
70
80
90
100
Pavement Condition Index (PCI)Time (Years)
GOOD
FAIR
POOR
PRESERVATIONNew Road
Right Treatment
at the Right Time
Page 61 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
STREET PRESERVATION OVERVIEW
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
0
10
20
30
40
50
60
70
80
90
100
Pavement Condition Index (PCI)Time (Years)
GOOD
FAIR
POOR
Crack Seal/Minor
Patching ($20/SY)
Grind/Overlay
($30/SY)
Target = 70 PCI
Major Patching &
Grind/Overlay
($50/SY)Full Re-Build
($200/SY)
Page 62 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
STREET PRESERVATION PROGRAMS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Local Street Preservation Program (103 Fund)
Currently funded by REET through the end of this year (2022)
Utility Fund Transfers
Arterial and Collector Streets Preservation (105 Fund)
1% Utility Tax
Supplemented by Grant Funding (Competitive Process)
Street Preservation Website:
www.auburnwa.gov/city_hall/public_works/transportation/street_preservation
Page 63 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 64 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION4%SUMMARY OF 2021 STREET CONDITIONS
(DASHBOARD)
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Poor
Fair
Good
41%
Page 65 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2017 to 2021
Average $3.4M/year total
$4.88M in Grants Funds
2022 to 2024
Average $3.68M/year total
$4.34M in Grant Funds
CURRENT FUNDING
Page 66 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
ARTERIALS & COLLECTORS - PREDICTED PCI
0
10
20
30
40
50
60
70
80
90
100
0
10
20
30
40
50
60
70
80
90
100
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Average PCIAverage PCITime (Years)
$3.3Million
$5Million
Simulation to achieve Target PCI
Reach PCI target in 13 YearsTarget PCI
Average Annual
Investment
Page 67 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2015 through 2021
Average $2.16M/year total
2022 and Beyond
Funded in the current biennial
budget at $2M per year
No funding source is currently
identified after 2022
FUNDING
Page 68 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
0
10
20
30
40
50
60
70
80
90
100
0
10
20
30
40
50
60
70
80
90
100
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Average PCIAverage PCITime (Years)
$1.65Million
No Funding
$2Million
LOCAL STREETS – PREDICTED PCI
No identified funding
beyond 2022
$2M Remains above 70
through 20 years
Target PCI
Average Annual
Investment
Page 69 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
WHAT’S NEXT?
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Continuing analysis
Funding discussions and decisions to be made with 2023 – 2024 budget
This update will be available on the City’s website
www.auburnwa.gov/city_hall/public_works/transportation/street_preservation
Summer 2022 Magazine Article
We will continue to pursue grant opportunities
QUESTIONS?
Page 70 of 172
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6851 (Gaub)(15 Minutes)
Date:
March 7, 2022
Department:
Public Works
Attachments:
Ordinance No. 6851
Exhibit A
Storm Code Updates Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The City operates its storm drainage system under a National Pollutant Discharge Elimination
System (NPDES) Western Washington Phase II Municipal Stormwater Permit from the
Washington Department of Ecology (Ecology). This ordinance updates sections of the
Auburn City Code (ACC) Chapter 13.48 to address NPDES requirements related to the
Storm Drainage Utility. The sections are amended: 1) to comply with the Underground
Injection Control Program rule, 2) to clarify the maintenance and repair responsibilities for
storm drainage facilities abutting private property, and 3) to codify the City’s Source Control
Inspection Program.
Underground Injection Control (UIC) Program Rule (ACC 13.48.005.B)
Chapter 173-218 of the Washington Administrative Code (WAC) contains requirements for
injection wells so that they do not endanger groundwater quality. Injection wells are used to
infiltrate stormwater into the ground and are defined as a hole that is deeper than its largest
surface dimension. The City has nearly 150 injection wells as part of its stormwater system
operating under its NPDES permit. The revised code adds compliance with the UIC rules as one of
the functions of the storm drainage utility. These rules are described in Ecology’s 2019 Stormwater
Management Manual for Western Washington (SWMMWW), which is part of the City’s Stormwater
Management Manual (SWMM).
Maintenance and Repair Responsibilities (ACC 13.48.240 and 13.48.440)
Current city code establishes that the owner(s) of property with frontage(s) along the public
right of way is responsible for maintaining the public sidewalk area along those frontages. The
city code defines the sidewalk area as being the area between the edge of roadway and the
property line, including driveways. In some cases, driveways cross a roadside ditch and
include a pipe, or culvert, placed underneath the driveway, to provide stormwater conveyance
while allowing the driveway connection. These code modifications more clearly define that
Page 71 of 172
these culverts are considered private stormwater facilities and are the responsibility of the
adjacent property owner to maintain, repair, and replace. The code revisions further clarify the
maintenance responsibilities of public stormwater facilities within the sidewalk area, including
ditches and pervious sidewalks. The revisions establish that the adjacent property owner is
responsible for general maintenance of vegetation, moss removal, litter and garbage removal.
The revised code establishes that the City is responsible for maintenance of the stormwater
facilities that are required to provide adequate conveyance and treatment for the stormwater
system. All of these facilities are governed by the requirements of the City’s NPDES permit.
Source Control Program (ACC 13.48.180.B)
The City’s NPDES permit requires that by January 1, 2023 the City begin inspecting pollutant-
generating sources at publicly and privately owned institutional, commercial and industrial
sites. These inspections will be to enforce implementation of required Best Management
Practices (BMPs) at those sites to control pollution discharging into the City’s storm drainage
system. The proposed changes add this type of inspection to the City’s authority to inspect
properties for compliance with storm drainage requirements.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 14, 2022 Item Number:
Page 72 of 172
--------------------------------
Ordinance No. 6851
March 9, 2022
Page 1 of 3 Rev. 2019
ORDINANCE NO. 6851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING AUBURN CITY
CODE (ACC) SECTIONS 13.48.005, 13.48.010, 13.48.180,
13.48.240, AND 13.48.440 REGARDING THE CITY’S
STORM DRAINAGE SYSTEM
WHEREAS, RCW 35.67.020 empowers the city to maintain, conduct and operate
a storm drainage utility to protect the public health, safety, and general welfare ; promote
sound development policies and construction procedures to preserve the city’s natural
resources; and prevent the creation of public nuisances . ACC 13.48 establishes the
City’s storm drainage utility;
WHEREAS, the city’s storm drainage utility operates under a National Pollutant
Discharge Elimination System (NPDES) Western Washington Phase II Municipal
Stormwater Permit from the Washington Department of Ecology;
WHEREAS, in 2017 the city adopted the Washington Department of Ecology’s
Stormwater Management Manual for Western Washington (SWMMWW) as the basis for
stormwater management and protection measures, together with supplemental
requirements specific to the city, into the City of Auburn Surface Water Management
Manual (SWMM), as defined in ACC 12.04.010.B.2;
WHEREAS, portions of ACC 13.48 need to be modified to clarify certain
maintenance responsibilities and to codify a new inspection program required by the
city’s NPDES permit;
WHEREAS, the city’s public storm drainage facilities include underground injection
control (UIC) wells that are used to infiltrate stormwater that are required to comply with
the UIC Program requirements in the SWMMWW;
Page 73 of 172
--------------------------------
Ordinance No. 6851
March 9, 2022
Page 2 of 3 Rev. 2019
WHEREAS, the city’s public storm drainage facilities include channels called
ditches along certain roadways that convey stormwater from the road ways and from the
abutting properties;
WHEREAS, some private property owners have installed private storm drainage
systems, including pipes called culverts, within portions of the public ditches to facilitate
access to or use of the private property;
WHEREAS, the City requires that property owners obtain a permit from the City
to modify the ditches, including the installation of private storm drainage systems ;
WHEREAS, the City desires to define the responsibilities of the private property
owners to maintain these private storm drainage systems serving their property, to
maintain the vegetation in the public ditches abutting the private property, and to
remove debris in the ditches that may hinder the flow of stormwater and cause flooding
or damage to public storm conveyance facilities that operate under the City’s NPDES
permit;
WHEREAS, the City is required by its NPDES permit to implement a new
inspection program (“Source Control Program”) by January 1, 2023 to inspect public
and private properties to ensure that onsite activities are using the Best Management
Practices identified in the SWMM to prevent pollutants from entering the storm drainage
facilities, and to enforce that such best management practices are employed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Page 74 of 172
--------------------------------
Ordinance No. 6851
March 9, 2022
Page 3 of 3 Rev. 2019
Section 1. Amendments to Chapter 13.48 of the Auburn City Code.
Section 13.48.005, 13.48.010, 13.48.180, 13.48.240, and 13.48.440 of the Auburn City
Code shall be amended as set forth in Exhibit A to this Ordinance.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 75 of 172
1
EXHIBIT A
13.48.005 Purpose.
The city has determined that a storm drainage utility and associated regulations are
necessary to protect the public health, safety, and general welfare of the citizens of
Auburn; promote sound development policies and construction procedures which
respect and preserve the city’s natural resources; and prevent the creation of public
nuisances that would occur without such utility and regulations. The purpose of the
storm drainage utility is to:
A. Maintain the city’s compliance with the National Pollutant Discharge Elimination
System (NPDES) Western Washington Phase II Municipal Stormwater Permit;
B. Maintain the city’s compliance with the Underground Injection Control Program rule,
Chapter 173-218 WAC as it pertains to stormwater;
BC. Maintain the city’s compliance with federal flood insurance programs;
CD. Require the integration of low impact development policies, procedures, and BMPs
into the city’s storm water infrastructure where feasible;
DE. Control and prevent the flooding of property, both public and private;
EF. Manage uncontrolled volume increase, rate, or contaminated load of runoff;
FG. Maintain and protect existing water resources such as creeks, streams, rivers,
ponds, lakes, groundwater, and other water bodies;
GH. Maintain and protect water used for contact recreation, aquatic habitat, drinking
water supply, and aesthetic quality;
HI. Provide for the planning, security, design, construction, use, maintenance, repair
and inspection of the storm and surface water system;
IJ. Protect the functions and values of critical areas as required under the State’s
Growth Management Act and Shoreline Management Act;
JK. Provide for enforcement of the provisions of this code, the engineering construction
standards and the engineering design standards per Chapter 12.04 ACC, and related
city manuals and code provisions;
KL. Establish rates and charges that provide a method of payment of all or any part of
the cost and expense of maintaining and operating storm water control facilities; all or
any part of the cost and expense of planning, designing, establishing, acquiring,
Page 76 of 172
2
developing, constructing and improving storm water control facilities; or all or any
portion of any issue of general obligation or revenue bonds issued for such purpose.
13.48.010 Definitions.
The following words when used in this chapter shall have the following meanings.
Where ambiguity exists, technical words or phrases shall be interpreted in accordance
with the city’s surface water management manual; nontechnical words or phrases will
be given their dictionary meaning.
A. “Base rate” means the monthly charge for service from the storm drainage utility to
recover costs incurred by the utility such as administrative, billing and collection.
B. “Best management practices (BMPs)” means the schedules of activities, prohibitions
of practices, maintenance procedures and structural and/or managerial practices that,
when used singly or in combination, prevent or reduce the release of pollutants and
other adverse impacts to waters of Washington State.
C. “Channel” (also called “Ditch”) means a constructed depression that collects and
conveys stormwater, often from a public or private road. Channels and ditches are
considered storm drainage systems.
CD. “Charge in lieu of assessment” means a charge made by the city on property which
has not previously participated in the cost of a public storm drainage line directly serving
the property.
DE. “Connection” means the connection of all storm drainage disposal lines and flow
from contributing surface area from all development on a property to a public or private
storm drainage system.
F. “Culvert” means a pipe or structure placed within a ditch or channel and then covered
with fill to provide for non-stormwater uses such as but not limited to vehicular or
pedestrian access to a property. Culverts are considered storm drainage systems.
EG. “Detention” means the temporary storage of storm and surface water runoff with
provisions for the controlled off-site surface release of the stored water.
FH. “Director” means the director of community development and public works of the
city of Auburn or designee.
GI. “Emerging technology” means water quality treatment technologies that are
currently being evaluated for performance.
HJ. “Engineering construction standards and engineering design standards” means the
requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary sewer,
transportation, and water facility design and construction.
Page 77 of 172
3
IK. “Equivalent service unit (ESU)” means a configuration of development or impervious
surfaces estimated to contribute an amount of runoff to the city’s storm drainage system
which is approximately equal to that created by the average single-family residential
parcel. One ESU is equal to 2,600 square feet of impervious surface area or any portion
thereof.
JL. “Hard surface” means an impervious surface, a permeable pavement, or a
vegetated roof.
KM. “Illicit connection” means any manmade conveyance that is connected to a
municipal separate storm sewer without a permit, excluding roof drains and other similar
type connections. Examples include sanitary sewer connections, floor drains, channels,
pipelines, conduits, inlets, or outlets that are connected directly to the municipal
separate storm sewer system.
LN. “Illicit discharge” means any discharge to a municipal separate storm sewer that is
not composed entirely of storm water except discharges pursuant to a NPDES permit
(other than the NPDES permit for discharges from the municipal separate storm sewer)
and discharges resulting from firefighting activities.
MO. “Impervious surface” means a hard surface area that either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development.
Impervious surface also means a hard surface area which causes water to run off in
greater quantities or at an increased rate of flow from the flow under natural conditions
prior to development. Common impervious surfaces include, but are not limited to,
rooftops, walkways, patios, driveways, parking lots, storage areas, standard Portland
cement concrete (PCC) or asphalt cement concrete (AC) paving, gravel roads, packed
earthen materials, and oiled macadam or other surfaces which similarly impede the
natural infiltration of storm water. Open, uncovered, retention/detention facilities shall
not be considered as impervious surfaces for the purpose of determining whether the
thresholds for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of
runoff modeling.
NP. “Land disturbing activity” means any activity that results in movement of earth, or a
change in the existing soil cover (both vegetative and nonvegetative) and/or the existing
soil topography. Land disturbing activities include, but are not limited to, clearing,
grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered land disturbing activity.
Vegetation maintenance practices are not considered land disturbing activity.
OQ. “Low impact development (LID)” means a storm water management and land
development strategy applied at the parcel and subdivision scale that emphasizes
conservation and use of on-site natural features integrated with engineered, small-scale
hydrologic controls to more closely mimic predevelopment hydrologic functions.
Page 78 of 172
4
PR. “National Pollutant Discharge Elimination System (NPDES)” means the national
program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and
enforcing permits, and imposing and enforcing pretreatment requirements, under
Sections 307, 402, 318, and 405 of the federal Clean Water Act, for the discharge of
pollutants to surface waters of the state from point sources. These permits are referred
to as NPDES permits and in Washington State are administered by the Department of
Ecology.
QS. “New development” means land disturbing activities, including Class IV – general
forest practices that are conversions from timber land to other uses; structural
development, including construction or installation of a building or other structure;
creation of hard surfaces; and subdivision, short subdivision and binding site plans, as
defined and applied in Chapter 58.17 RCW. Projects meeting the definition of
redevelopment shall not be considered new development.
RT. “Parcel” means the smallest separately segregated unit or plot of land having an
identified owner, boundaries, and surface area which is documented for tax purpose
and given a tax lot number by the appropriate county assessor for the county in which
the parcel is sited.
SU. “Parcel, developed” means any parcel which has been altered by grading or filling
of the ground surface, or by construction of any improvements or other hard surface.
TV. “Parcel, non-single-family” means any parcel of developed land other than single-
family or two-family (duplex) residential.
UW. “Parcel, single-family residential” means any parcel of land having on it a single
detached dwelling unit which is designed for occupancy by one family or a similar group
of people.
VX. “Parcel, two-family (duplex) residential” means any parcel of developed land having
one duplex (two-family dwelling) per lot.
WY. “Parcel, undeveloped” means any parcel which has not been altered from its
natural state by grading or filling of the ground surface, or by construction of any
improvements or hard surfaces.
Z. “Private Storm Drainage Facilities” means those storm drainage facilities that are not
Public Storm Drainage Facilities.
AA. “Public Storm Drainage Facilities” means those storm drainage facilities that
provide stormwater management for public roadways and city-owned properties, and
that are owned and maintained by the city.
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5
XBB. “Redevelopment” means, on a site that is already substantially developed (i.e.,
has 35 percent or more of existing hard surface coverage), the creation or addition of
hard surfaces; the expansion of a building footprint or addition or replacement of a
structure; structural development including construction, installation or expansion of a
building or other structure; replacement of hard surface that is not part of a routine
maintenance activity; and land disturbing activities.
YCC. “Retention” means the storage of storm and surface water runoff with no
provisions for off-site surface release of the stored water other than by evaporation,
infiltration, and low impact development strategies.
ZDD. “Runoff” means water that travels across the land surfaces and discharges to
water bodies either directly or through a collection and conveyance system. See also
“Storm water.”
AAEE. “Source control BMP” means a structure or operation that is intended to prevent
pollutants from coming into contact with storm water through physical separation of
areas or careful management of activities that are sources of pollutants. Source control
BMPs can be divided into two types. Structural source control BMPs are physical,
structural, or mechanical devices or facilities that are intended to prevent pollutants from
entering storm water. Operational source control BMPs are nonstructural practices that
prevent or reduce pollutants from entering the storm water.
BBFF. “Storm drainage facility” means any natural stream/creek or constructed
component of Auburn’s storm drainage system or other storm drainage system.
CCGG. “Storm drainage system” means the total system of storm drainage facilities as
described in ACC 13.48.030.
DDHH. “Storm water” means runoff during and following precipitation and snowmelt
events, including surface runoff and drainage.
EEII. “SWMM” as referred to in this chapter means the City of Auburn Surface Water
Management Manual as adopted in Chapter 12.04 ACC.
FFJJ. “Utility” means the city storm drainage utility created by the ordinance codified in
this chapter.
GGKK. “Watercourse” means a channel, either natural or manmade, in which a flow of
water occurs, either continuously or intermittently.
HHLL. “Water quality treatment” means an engineered and approved facility to remove
contaminants in the existing flow regime of storm water generated from a developed
parcel pursuant to applicable design standards in place at the time of approval.
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6
13.48.180 Inspection and compliance with storm drainage requirements.
A. The city shall have the authority to establish the necessary recorded instrument that
identifies required storm best management practices (BMPs), location, and
maintenance obligations.
B. Duly authorized personnel of the city shall have free access to public and private
property at hours subject to the provisions of ACC 1.20.010 for the purpose of :
1. inspecting Inspecting private storm drainage facilitiessystems, the manner in
which they are being used, and the satisfactory compliance with the provisions of
this article.
2. Inspecting the property to ensure that onsite activities are using the BMPs
identified in the SWMM that are intended to prevent pollutants from entering the
storm drainage facilities and that are applicable to the onsite activities, as
required by the Source Control Program provisions in the city’s NPDES permit.
C. Any property, where the existing storm drainage facilities were constructed per
approved construction plans, found to be in nonconformance with such plans, shall be
required to correct all such nonconformances as directed by the city. If, after proper
notice, the property owner does not comply with set requirements as directed by the
city, then the city shall have the authority to correct such nonconformances and bill the
property owner shall be responsible for reimbursing the city for all reasonable costs.
Any delinquent payments shall constitute a lien as fixed by ACC 13.06.290300 and
RCW 35.67.
D. If the city determines that the onsite activities or actions of a property owner, or
discharges from a private storm drainage facility, result in damage to a public storm
drainage facility or a water quality violation, or if such action or discharge requires
corrective action by the city as determined by the city engineer, the property owner will
be liable and financially responsible for said damage, maintenance, and for any and all
necessary repairs or other corrective actions necessary to restore the public storm
drainage facilities to full and normal operation, and will be subject to code enforcement
actions as defined in Chapter 1.25 ACC.
ED. Inspections of storm water treatment and flow control facilities shall be performed
by the city at a frequency to comply with the Western Washington Phase II Municipal
Stormwater NPDES Permit.
FE. Inspections of the implementation and effective use of operational and structural
source control BMPs shall be performed by the city at a frequency to comply with the
Western Washington Phase II Municipal Stormwater NPDES Permit.
EG. New residential developments that are part of a larger common plan of
development or sale shall be inspected every six months during the period of heaviest
house construction (i.e., one to two years following subdivision approval or until 50
Page 81 of 172
7
percent of build-out is achieved) to identify maintenance needs and enforce compliance
with the maintenance standards as needed.
13.48.240 Storm drainage permit – Requirements.
A. It is unlawful for any person to construct, or connect to, or alter a public or private
storm drainage facilitiessystem without first obtaining a written permit to do so from the
city.
B. It is unlawful for any person to modify, alter, remove, repair or replace either a private
or public storm drainage facilitysystem without first obtaining a written permit to do so
from the city, unless such repair or replacement constitutes an emergency ., in which
case a permit will be obtained as soon after the emergency as possible. Maintenance
activities to inspect or clean private or public storm drainage facilities do not require a
permit, except when such activities restrict travel in a public roadway.
C. Storm drainage permit types and categories shall be determined administratively by
the city. In addition to other required permits by the city and by other jurisdictions, aA
storm drainage permit shall be required for the following activities:
1. Addition or replacement of hard surfaces;
2. Land disturbing activities;
3. Development and use of property that creates a direct or indirect need for storm
drainage facilities;
4. Connection to any storm drainage facilitysystem;
5. Installation, removal, or mModification of any storm drainage facilitysystem including,
but not limited to, filling or grading of a ditch or channel and installation, modification, or
replacement of a culvert;
6. Any activities within a critical area and associated buffers;
7. Any other activities as determined by the city engineer to have an impact on the
storm drainage system.
13.48.440 Maintenance responsibility.
A. Private Maintenance Responsibility.
1. The maintenance, and operation, repair, and replacement of private storm drainage
facilitiessystems shall be the responsibility of the property owner. Where the private
storm drainage facilities serve multiple properties, the maintenance, operation, repair
Page 82 of 172
8
and replacement It shall be the responsibility of the developer to make arrangements
with the occupants or owners of the subject property propertiesfor assumption of
operation and maintenance in a manner subject to the approval of the city or in
accordance with the operations and maintenance program prepared for the property’s
storm drainage facilities.
2. The private storm drainage facilities shall be maintained so that discharges comply
with the water quality requirements in ACC 13.48.210. The maintenance, operation,
repair, and replacement shall be performed in accordance with the standards listed in
the SWMM.
3. The city may inspect the private storm drainage facilities in order to ensure continued
use of the facilities for the purposes for which they were built and in accordance with
these arrangements. Failure to maintain the private storm drainage facilities in
accordance with the maintenance standards listed in the SWMM shall be considered a
violation, enforceable in accordance with Chapter 1.25 ACC.
4. If the property owner’s failure to maintain the private storm drainage facility results in
flooding or damage to the adjacent roadway or public storm drainage facility, the city
retains the right to make emergency repairs as needed to protect public safety.
5. Except as described in 13.48.440.B, surface maintenance of private and public storm
management facilities along roadways, including, but not limited to, ditches, channels,
streams, culverts, catch basin openings and grates, and pervious sidewalks, shall be
the burden and expense of the abutting property owner. Maintenance shall include, but
not be limited to: 1) removal of trash, debris, invasive vegetation, and moss; and 2)
vegetation trimming and maintenance. Property owners are not responsible for the
maintenance of underground public stormwater facilities such as pipes, catch basins,
manholes, subgrade material of bioswales, and other underground structures and
appurtenances.
B. Public Maintenance Responsibility.
1. The city shall beis responsible for the maintenance and operation, repair,
replacement, and maintenance to the extent needed to provide adequate
storage, conveyance, infiltration, and treatment of all public storm drainage
facilities located within the public easements and rights-of-way following the
completion of a successful maintenance period and the acceptance of such
facilities by the city.
2. The maintenance, operation, repair, and replacement shall be performed in
accordance with the standards listed in the SWMM.
Page 83 of 172
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S T A I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
ENGINEERING SERVICES
STORM DRAINAGE UTILITY
CITY CODE UPDATES
LISA TOBIN
CITY COUNCIL STUDY SESSION
MARCH 14, 2022
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
1
Page 84 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Auburn Storm Water Utility operates under a Nationa l Pollutant
Discharge Elimination System (NPDES) permit to prot ect
receiving water quality
Three proposed amendments to ACC 13.48 to comply:
Underground Injection Control (UIC) Program
Maintenance and repair responsibilities abutting pr ivate property
Source Control Program
CITY CODE AMENDMENTS TO ADDRESS STATE AND
REGULATORY STORM REQUIREMENTS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 2
Page 85 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
UIC wells infiltrate stormwater
Requirements in WAC 173-218
and Ecology’s Stormwater Manual
Administer program under NPDES
permit
Code change will add UIC
Program to Storm Utility’s
functions
UIC WELLS (ACC 13.48.005)
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 3
Page 86 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Ditches along private property frontage - Property O wner is
responsible for vegetation maintenance and debris r emoval and
cannot make unauthorized ditch changes that affect storm
conveyance capacity
Culverts installed by property owners solely to ben efit property -
Property Owner is responsible for repair, maintenan ce, and
replacement
Public storm facilities, including underground pipe s and
structures and ditch sediment removal – City is resp onsible
MAINTENANCE AND REPAIR RESPONSIBILITIES
(ACC 13.48.240 AND 13.48.440)
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 4
Page 87 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
NPDES permit requires annual
inspections of 20% of businesses
starting January 1, 2023
Code changes:
Ensure Best Management Practices
(BMPs) used to control pollution
Allow City inspections on premises
Provide enforcement authority
SOURCE CONTROL PROGRAM (ACC 13.48.180)
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 5
Page 88 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
March 21, 2022 – consider adoption of Ordinance No. 6851
NEXT STEPS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 6
Page 89 of 172
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6852 (Gaub)(5 Minutes)
Date:
March 7, 2022
Department:
Public Works
Attachments:
Draft Ordinance No. 6852
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any telecommunications
carrier or operator to use public ways of the City and to provide telecommunications services
to any person or areas inside or outside of the City.
New Cingular Wireless PCS, LLC has applied for a new franchise agreement to continue to
operate their existing wireless telecommunications site located in the public way of Auburn
Way North, north of 26th Street NE as their current franchise agreement is set to expire in the
near future. New Cingular Wireless PCS, LLC currently provides wireless voice, data and
communications services, including commercial radio and mobile data services from the existing
facility. The proposed agreement is consistent with the City’s standard franchise agreement
language.
A public hearing to consider this application and take public comment is scheduled before the
City Council on March 21, 2022 in accordance with Auburn City Code 20.04.040.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 14, 2022 Item Number:
Page 90 of 172
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 1 of 17
ORDINANCE NO. 6852
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
NEW CINGULAR WIRELESS PCS, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, A
FRANCHISE FOR WIRELESS
TELECOMMUNICATIONS.
WHEREAS, New Cingular Wireless PCS, LLC (“Franchisee”) has applied
to the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry,
use, and occupation of certain public ways within the City, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilities in, on,
over, under, along and/or across those public ways; and
WHEREAS, following proper notice, the City Council held a public hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the information presented at such public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City and its inhabitants to grant the franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this agreement and the interpretation and enforcement
thereof, definitions of words and phrases shall be in accordance with Auburn City
Code 20.02.020. In addition, the following definitions apply:
A. “ACC” means the Auburn City Code.
B. “Franchise Area” means the public ways as specified in Exhibit “A”.
Franchise Area does not include private property located outside of the public way
which the Franchisee may utilize, lease, or otherwise use for placement of
Franchisee Facilities with authorization or other permissions from third parties, and
including any necessary permits from any regulatory authority.
C. “Franchisee’s Facilities” means any and all equipment, appliances,
attachments, appurtenances, antennas, and other items necessary for
Telecommunications Services as defined in Chapter 35.99.010(7) RCW, that are
located in the Franchise Area.
Page 91 of 172
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 2 of 17
Franchisee’s Facilities do not include facilities used to provide wireline services or
front-haul or back-haul services to the general public separate from Franchisee’s
Services. Franchisee’s facilities do not include small wireless facilities, microcell,
minor facility, or small cell facilities, as defined in Chapter 80.36.375 RCW.
Franchisee’s facilities do not include any equipment that is not located within the
Franchise Area or that is covered under a separate Franchise Agreement or
agreement.
D. “Franchisee’s Services” means the transmission and reception of
information, only at the Franchisee’s Facilities identified in Exhibit A, by wireless
communication signals including data communications services, over Franchisee’s
federally licensed frequencies, pursuant to all the rules and regulations of the
Federal Communications Commission. Franchisee’s Services will not include the
provision of “cable services”, as defined by 47 U.S.C. §522, as amended, for which
a separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area specified in Exhibit A attached hereto and incorporated by
reference. located within the incorporated area of the City. Franchisee may locate
the Franchisee’s Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Franchisee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, public ways, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
Page 92 of 172
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 3 of 17
domain, the Franchisee acknowledges its use of the Franchise Area shall have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City shall reserve an easement for public utilities within
that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the
Franchisee may continue to operate any existing Franchisee Facilities under the
terms of this Franchise for the remaining period set forth under Section 4.
G. The Franchisee agrees that its use of Franchise Area shall at all
times be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City. Any communication
made by e-mail or similar method will not constitute notice pursuant to this
Agreement, except in case of emergency notification.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: WA6416; Name: Christopher (WA)
Fixed Asset No: 10013466
1025 Lenox Park Blvd NE
3rd Floor
Page 93 of 172
------------------------------
Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 4 of 17
Atlanta, GA 30319
Telephone: (877) 231-5447
Email Address: releaseadmin@att.com
with a required copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site #: WA6416; Name: Christopher (WA)
Fixed Asset No: 10013466
208 S. Akard St.
Dallas, TX 75202-4206
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Agreement.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: (800-638-2822).
Section 4. Term of Agreement
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Agreement.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “B”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarantees
specified in Section 16, and (4) payment of any outstanding application fees
required in the City Fee Schedule. These four items will collectively be the
“Franchise Acceptance”. The date that such Franchise Acceptance is filed with
the City Clerk will be the effective date of this Franchise.
Page 94 of 172
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 5 of 17
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 27 of this Agreement, the City’s grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee’s Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee as provided for in Chapter 35.99 RCW.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within twenty-four (24) hours, the City may, at its sole
discretion, remove such debris and charge the Franchisee for the cost thereof.
This section does not, in any instance, grant automatic authority to clear vegetation
for purposes of providing a clear path for radio signals. Any such general
vegetation clearing will require other permits as necessary from the City.
Section 7. Repair and Emergency Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances. The Franchisee
will notify the City telephonically during normal business hours (at 253-931-3010)
and during non-business hours (at 253-876-1985) as promptly as possible, before
such repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Franchisee’s emergency contact
phone number for corresponding response activity. The City may commence
Page 95 of 172
------------------------------
Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 6 of 17
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee will reimburse the City for the City’s actual cost of
performing emergency response work.
Section 8. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe conditions, the property shall
then be returned to the condition it was in immediately prior to being damaged (if
the safe condition of the property is not the same as that which existed prior to
damage). All repair work shall be performed and completed to the satisfaction of
the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed, or in place prior in time to Franchisee’s application for a
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances or tangible property, then the
Franchisee’s Facilities will have priority. These rules governing preference will
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee’s Facilities. Such relocations will be governed by Section 10 and
Chapter 35.99 RCW.
B. Franchisee will maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Page 96 of 172
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Draft Ordinance No. 6852
Franchise Agreement No. FRN21-0006
February 28, 2022
Page 7 of 17
Section 10. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by Chapter 35.99 RCW.
Pursuant to the provisions of Section 14, Franchisee agrees to protect and save
harmless the City from any customer or third-party claims for service interruption
or other losses in connection with any such change, relocation, abandonment, or
vacation of the public way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 11. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 12. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Franchisee’s Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
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Section 13. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee’s activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee’s Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s data base system, including
the City’s Geographic Information System (GIS) data base. Franchisee will keep
the City informed of its long-range plans, to the extent such plans have been made
public, for coordination with the City’s long-range plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Section 14. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business, or from any activity, work or thing done,
permitted, or suffered by Franchisee arising from or in connection with this
Franchise Agreement, except only such injury or damage as shall have been
occasioned by the sole negligence or willful misconduct of the City, its officers,
officials, employees, agents, volunteers or invitees.
However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Franchisee and the City, its officers, officials,
employees, agents, and volunteers, the Franchisee’s liability hereunder shall be
only to the extent of the Franchisee’s negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the
Franchisee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s Facilities
caused by maintenance and/or construction work performed by, or on behalf of,
the City within the Franchise Area or any other City road, public way, or other
property, except to the extent any such damage or loss is directly caused by the
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negligence or willful misconduct of the City, or its employees or agent performing
such work.
C. The Franchisee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City’s failure or inability to provide such services, and, pursuant to the terms of
Section 14(A), the Franchisee will indemnify the City against any and all third-party
costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s
failure or inability to provide such services.
Section 15. Insurance
A. The Franchisee shall carry and maintain for the duration of this
Agreement and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the Agreement and use of the public way.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Agreement shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. The Franchisee shall carry insurance
of the types and coverage described below:
1. Commercial General Liability insurance shall be provided per
ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, stop gap liability, independent contractors, products-
completed operations, personal injury and advertising injury, and include
contractual liability coverage. There shall be no exclusion for liability arising
from explosion, collapse or underground property damage. The City shall
be included as an additional insured under the Franchisee’s Commercial
General Liability insurance policy with respect this Franchise Agreement
using ISO endorsement CG 20 12 if the franchise agreement is considered
a master permit as defined by RCW 35.99.010, or CG 20 26 if it is not, or
substitute endorsement providing at least as broad coverage.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be provided per
Insurance Services Office (ISO) form CA 00 01.
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3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise Agreement covering losses caused by
pollution conditions that arise from the operations of the Franchisee.
Contractors Pollution Liability shall cover bodily injury, property damage,
cleanup costs and defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington or be a qualified self-
insurer.
5. Excess or Umbrella Liability insurance shall be excess over
and the Franchisee’s Commercial General Liability and Automobile Liability
insurance. The City shall be included as an additional insured on the
Franchisee’s Excess or Umbrella Liability insurance policy by endorsement
as respects to this Agreement.
D. Minimum Amounts of Insurance. The Franchisee shall maintain the
following insurance limits:
1. Commercial General Liability insurance per ISO form CG 00
01 or equivalent shall be written with limits no less than $5,000,000 each
occurrence, $5,000,000 general aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
3. Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington or be a qualified self-
insurer and employer’s liability insurance with limits of not less than
$1,000,000.00 per accident/ per disease, per employee/ per disease, policy
limits.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee’s Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
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E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A-: VII.
G. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of this Agreement. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Agreement and evidence of all subcontractors’
coverage.
H. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, except the
Franchisee shall have sole responsibility for determining the limits of coverage
required to be obtained by Subcontractors. The Franchisee shall ensure that the
City is an additional insured on each and every Subcontractor’s Commercial
General liability insurance policy using an endorsement as least as broad as ISO
CG 20 26.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within ten business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of
Agreement, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Agreement.
K. Franchisee – Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to approval by the City. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise Agreement, Franchisee or its affiliated
parent entity shall comply with the following: (i) Franchisee shall submit a letter to
the City stating which of the above required insurance provisions in this Section 15
Franchisee proposes to self-insure. (ii)financial statements will be made
available; (iii) Franchisee or its parent company is responsible for all payments
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within the self-insured retention; and (iv) Franchisee assumes all defense and
indemnity obligations as outlined in Section 14.
Section 16. Financial Security
The Franchisee will provide the City with a financial security in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 19 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee’s liability to the security amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Franchisee, and all rights and privileges, as well as
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior written consent of the City.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (2) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (3) An application fee in the amount established by the City’s
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed assignee or transferee will file
with the City a written promise to unconditionally accept all terms of the Franchise,
effective upon such transfer or assignment of the Franchise. The City is under no
obligation to undertake any investigation of the transferor’s state of compliance
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and failure of the City to insist on full compliance before transfer does not waive
any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Agreement, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Agreement. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will make a good faith effort to achieve a resolution
of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 19. Enforcement and Remedies
A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this agreement,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty (30) days, the City may specify a longer cure period,
and condition the extension of time on Franchisee’s submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty
(30) day cure period, and diligent prosecution of the work to completion. If the
breach is not cured within the specified time, or the Franchisee does not comply
with the specified conditions, the City may, at its discretion, either (1) revoke the
Franchise upon written notice thereof to Franchisee, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee’s
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actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal, state, and City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Franchisee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Franchisee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
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Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 24. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is authorized to implement those administrative procedures necessary
to carry out the directions of this legislation.
Section 26. Entire Agreement
This Agreement, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous Agreements between the parties pertaining to Franchisee's operation of
its Facilities are hereby superseded.
Section 27. Effective date.
This Ordinance will take effect and be in force five (5) days from and after
its passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM
___________________________ ________________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED: ________________
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EXHIBIT “B”
STATEMENT OF ACCEPTANCE
New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2022, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ the __________________ of AT&T
Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the
company that executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said company, for
the uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6855 (Gaub)(5 Minutes)
Date:
March 9, 2022
Department:
Public Works
Attachments:
Ordinance No. 6855
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
A personal delivery device (PDD) is an automated or remotely piloted device that contains
storage space for packages, food, and other delivery items. PDDs are an emerging
technology that are utilized by companies like Amazon to transport items from a dispensary
container to nearby delivery destinations. A container, or dispensary, will typically hold 10 to
20 PDDs, or scouts, that deploy once or twice a day. Each scout makes a delivery, typically
within a 1 mile range of the dispensary, and then returns to the dispensary. A van or small
truck stocks the dispensary PDDs once or twice a day.
In April 2019, the Washington State Legislature passed legislation to regulate the use of
PDDs. The bill created RCW 46.75.010 that establishes basic requirements for PDDs and
allows local agencies to provide additional regulation within their jurisdictions. The State
requirements treat a PDD as a pedestrian and provides requirements for the operator of a
PDD to register with the State.
This discussion will provide information and background regarding PDDs, a summary of the
RCW related to PDDs, and a review of Ordinance 6855 that would amend City code to
include requirements for PDDs and their operators. These requirements would address
security, safety, risk, and operational considerations that are not specifically addressed by the
RCW or by current City code.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 14, 2022 Item Number:
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--------------------------------
Ordinance No. 6855
DATE
Page 1 of 2 Rev. 2018
ORDINANCE NO. 6855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING CHAPTER 10.55 OF
THE AUBURN CITY CODE RELATING TO PERSONAL
DELIVERY DEVICES
WHEREAS, a personal delivery device (PDD) is an automated or remotely piloted
device that contains storage space for packages, food, and other delivery items; and
WHEREAS, RCW 46.75.010 establishes basic requirements for PDDs operating
in the State of Washington; and
WHERAS, it is in the public interest to establish additional requirements to address
security, safety, and operational considerations for PDDs in the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Title 10 of the Auburn City Code is
amended to add a new Chapter 10.55 to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
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--------------------------------
Ordinance No. 6855
DATE
Page 2 of 2 Rev. 2018
//
//
//
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
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Ch. 10.55 Personal Delivery Devices | Auburn City Code Page 1 of 3
Chapter 10.55
PERSONAL DELIVERY DEVICES
Sections:
10.54.010 Definitions.
10.54.020 Operating Regulations
10.54.010 Definitions.
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the
meanings respectively ascribed to them in this section.
A. “Personal delivery device” is as defined by RCW 46.75.010.
B. “Personal delivery device operator”, also referred to herein as “Operator” is as defined by RCW 46.75.010.
C. “Eligible Entity.” As used in this Code, the term “Eligible Entity” shall have the same meaning as RCW
46.75.010(2).
D. “Roadway construction zone” is as defined by RCW 46.61.527.
10.54.020 Operating Regulations
A. Personal Delivery Device Operators shall obey all rules of the road applicable to pedestrian traffic, as well
as the instructions of official traffic-control signals, signs and other traffic control devices applicable to
pedestrians, unless otherwise directed by a police officer or traffic control flagger. Personal delivery devices
shall be equipped with microphones, video cameras, or other technology that enables the device to recognize
uniformed police officers and traffic control flaggers, and that allows the Operator to receive direction from
those police officers and traffic control flaggers.
B. Additionally, it shall be unlawful to operate a personal delivery device in or on the following:
1. A class II bikeway, as defined by the Engineering Design Standards as adopted in ACC 12.04.
2. A sidewalk with a width, excluding curb, of less than 5 feet.
3. A roadway within a vehicular travel lane.
Exhibit A
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Ch. 10.55 Personal Delivery Devices | Auburn City Code Page 2 of 3
4. A roadway shoulder with a paved width of less than 5 feet as measured from the center of the fog
line to the edge of shoulder pavement
5. An area where vehicle parking is not restricted
6. Roadway construction zone
C. No personal delivery device shall be operated in such a manner as to endanger or be likely to endanger any
person or property. Examples of operating in such a manner include, but are not limited to, failure to obey all
traffic-control devices, failure to yield right-of-way to pedestrians, bicycles, and/or vehicular traffic.
D. No personal delivery device shall be operated within a school zone while children are present or while
flashing school zone beacons are active.
E. Personal delivery devices shall be deployed and operated such that a minimum 50 feet of separation is
maintained at all times between devices in the same crosswalk or on the same side of a roadway.
E. No personal delivery device shall cross roadways at crosswalks with pedestrian traffic signals or beacons
that require push-button activation except those personal delivery devices that are capable of pushing the push-
buttons or following the directions of the signal indicators (traffic control devices) to know when to cross the
street.
F. No personal delivery device shall cross roadways at crosswalks with furnished hand held pedestrian
crossing flags except those personal delivery devices that are capable of using the hand held pedestrian
crossing flags or that are equipped with a flag that provides equal or greater visibility than would have been
provided by the hand held flag.
G. No personal delivery device shall operate without the Operator providing written notification to all
property owners and residents that lie upon the routes on which the personal delivery device intends to operate.
Written notification shall include, at a minimum, the following elements: an illustration of the personal
delivery device, Operator contact name, title, phone number, and e-mail address, and a summary of local and
state laws and regulations governing the personal delivery device operations. Written notification shall be
provided on no less than an annual basis.
H. No personal delivery device shall operate without the Operator providing written notification to the City
Engineer. Written notification shall include, at a minimum, the following elements: an illustration of the
personal delivery device, Operator contact name, title, phone number, and e-mail address, device storage
location, planned routes and delivery area, identified roadway crossings, hours of operation, and number of
deliveries planned per day. Written notification shall be provided on no less than an annual basis.
I. The Eligible Entity must obtain a business license per ACC Title 5.
J. The Operator of a personal delivery device is responsible for retrieving the personal delivery device at such
time as it has been damaged, malfunctions, is vandalized, or otherwise cannot or does not return to the personal
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Ch. 10.55 Personal Delivery Devices | Auburn City Code Page 3 of 3
delivery device storage location. The Operator shall retrieve the device within 48-hours of receiving notice or
otherwise becoming aware that the device did not return to its storage location.
K. Within one hour of being notified or becoming aware, an Operator shall retrieve any personal delivery
devices that creates a hazard to other roadway or sidewalk users or blocks a roadway or sidewalk..
L. If a personal delivery device is involved in or present for an incident resulting in any personal injury or
property damage of $1,000 or more (whether involving vehicles, bicycles, pedestrians or otherwise), the
Operator shall within 24 hours after the incident provide the City’s police department with all video recordings
and logs of the device’s activities pertaining to the incident that the device has recorded, collected or created.
M. At no time shall a personal delivery device carry contents of more than $100.00 in value.
N. Personal delivery devices shall not operate during the following adverse weather conditions: 1-inch or more
of snowfall accumulation present on, or along, the Personal Delivery Device route, lightning storms, dense fog,
raining, or snowing conditions that limits the visibility of the device being seen to 100 feet or less, heavy
rainfall (1-inch or more in an hour), wind storms (20 mile per hour sustained winds or 30 mile per hour or
higher gusts), and freezing temperatures.
O. The Operator shall be insured in accordance with the Engineering Construction Standards of ACC 12.04.
P. Personal delivery devices shall be clearly marked with phone number and e-mail contact information
for the Operator and the Operator shall actively monitor the phone number and e-mail continuously while
any unit is deployed, including while a unit is missing, malfunctioned, stuck, or stolen.
Q. By choosing to operate in the City, Operators and eligible entities acknowledge that emergency
responders shall incur no liability or responsibility for damages, replacement, or repairs to a personal
delivery device that must be disabled, blocked or de-activated to protect against injury, property damage,
or to otherwise provide for public safety.
R. Pursuant to RCW 46.75.050, the registered agent for an Eligible Entity operating a Personal Delivery
Device shall be responsible for any traffic infractions committed by a personal delivery device. Any
such infraction committed by a Personal Delivery Device is punishable by a $200 fine.
Page 114 of 172
AGENDA BILL APPROVAL FORM
Agenda Subject:
Overview of 2024 Periodic Comprehensive Plan Update
Program (Tate)(20 Minutes)
Date:
March 8, 2022
Department:
Community Development
Attachments:
Exhibit A - CC Meeting
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The Growth Management Act requires that each city and county in Washington state conduct
a periodic update of its comprehensive plan and development regulations per, RCW
36.70A.130 every eight (8) years. The City’s previous plan was substantially revised in
December 2015, and Community Development is beginning the process of leading the
periodic Comprehensive Plan update, which is currently due in June 2024.
The City’s Comprehensive Plan must be consistent with recently adopted regional documents
such as as Puget Sound Regional Council Vision 2050, King County Urban Growth Capacity
Report, King and Pierce County Countywide Planning Policies. In addition, the Plan must
address any state requirements adopted since the previous periodic plan that has not yet
been addressed during the yearly annual comprehensive plan amendment process.
Concurrent with this process, Community Development staff is leading two other projects: a
Downtown Plan (Special Area Plan) & Planned Action Update project and Housing Action
Plan (HAP) Implementation project, which will provide additional analysis to be included in the
comprehensive plan. In February 2022, Community Development selected consultant teams
to assist City staff in developing the Comprehensive Plan, Downtown Plan, and Housing
Action Plan Implementation projects. The City was awarded grants through the WA State
Department of Commerce to complete the Downtown Plan ($250,000) and Housing Action
Plan Implementation ($100,000) projects. Council will be taking action to approve Budget
Amendment #5 items for each of these projects, as well as $250,000 for the Comprehensive
Plan program at the March 21st City Council Meeting.
Rev iewed by Council Committees:
Page 115 of 172
Councilmember:Stearns Staff:Tate
Meeting Date:March 14, 2022 Item Number:
Page 116 of 172
AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
2024 PERIODIC COMPREHENSIVE
PLAN UPDATE
CITY COUNCIL
STUDY SESSION
JOSH STEINER, AICP –SENIOR
PLANNER
MARCH 14, 2022
Department of Community Development
Planning Building Development Engineering Permit Center
Sustainability Community Services ●Code Enforcement Page 117 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Each city and county in Washington state is required to conduct a periodic update of its comprehensive plan and development regulations per RCW 36.70A.130 (The Growth Management Act, or GMA)
The City adopted a substantially revised
Comprehensive Plan in Dec. 2015 by
Ordinance #6584. The Comprehensive
Plan has been amended annually each
year since.
Auburn first adopted a growth
management compliant Comprehensive
Plan in 1995 in response to the
Washington State Growth Management
Act (GMA) requirements, as amended
each year since.
Page 118 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Purpose of Comprehensive Plan &Amendments
The City’s Comprehensive Plan document provides the policy
basis for the future development regulations to ensure that the
they are consistent as required by City code:
“ACC 14.22.050 Conformance and consistency.
The zoning,land division and other development codes contained
or referenced within Auburn City Code shall be consistent with and
implement the intent of the Comprehensive Plan.Capital budget
decisions shall be made in conformity with the Comprehensive Plan.”
Page 119 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Purpose of Comprehensive Plan &Amendments
The Comprehensive Plan must also be
consistent with:
•Puget Sound Regional Council Vision
2050
•Urban Growth Capacity Report (King)
•Countywide Planning Policies (Pierce)
•Changes in state laws over the
intervening time
•Respond to changing conditions within
the local community.
GMA, PSRC, and CPP Requirements drive
comprehensive plan update process.
Source: King County GMPC
Page 120 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Growth Management Act (GMA)
•Series of statutes first adopted in 1990
that require fast-growing cities and
counties to develop comprehensive plans
to manage population growth.
•Primarily codified under RCW
36.70A.020 with amendments
•Establishes 13 goals that should act as
the basis for all comprehensive plans
•Department Commerce is primary
contact for GMA -related issues Source: King County GMPC
Page 121 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Growth Management Act (GMA)
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
•GMA establishes the primacy of the
comprehensive plan
•Centerpiece of local planning and
articulates a goals, objectives, policies,
actions, and standards that are intended
to guide day -to-day decisions by elected
officials and local government staff
•GMA places strong emphasis on
implementation
•Current review cycle is 8 years, with
Auburn’s next update due in June 2024 Source: King County GMPC
Page 122 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Vision 2050
Multicounty Planning Policy Document created by
Puget Sound Regional Council (PSRC) which covers
King, Pierce, Snohomish, and Kitsap Counties
Vision 2050 was adopted in October 2020 and
builds from Vision 2040
Local jurisdictions prepare plans that must be
consistent with multicounty and countywide
policies
PSRC certifies countywide planning policies and
local plans
Vision 2050 notes that region is projected to grow
by about 1.6 million people and 1.1 million jobs by
2050. Auburn’s share of growth is found in
Countywide Planning Policies
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Page 123 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Vision 2050
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
What’s different from Vision 2040?
•Extends planning horizon to 2050
•Updated growth strategy aims for more
growth near transit
•Advocates for sustainable funding
sources
•Increases recognition of Native Trips and
military installations
•New chapter on Climate Change
•Directs regional work on housing and
equity Source: Vision 2050
Page 124 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Countywide Planning Policies
Guidance for the comprehensive plans
Urban growth area boundary and criteria for revising growth boundary
Housing unit and employment growth targets (2019-2044)
Criteria for defining urban centers and manufacturing/industrial centers
Policies for issues of countywide nature
Covers Environment, Development Patterns, Transportation, Economy, Public Facilities
Updated to align with Vision 2050 and Regional Centers Framework, GMA changes, and Urban Growth Capacity Study (Buildable Lands Report)
KC CPP Identifies 2019-2044 housing targets (12,000 net new residential units, 19,520 net new jobs)
PC CPP (draft, 2022) identifies 2020-2044 housing targets (96 net new residential units, and 0 net new jobs)
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Page 125 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
PSRC Regional Growth Center Requirements
Regional Growth Strategy allocates most growth to Metro,Core,and High-
Capacity Communities
Auburn’s Downtown is classified as a Core Regional Growth Center
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
2010 PSRC Regional Center Report -
Auburn
234 gross Acres, 146 net developable
28% commercial
32% residential
13% industrial
18.2 population + employee
/acre (activity Units)
Source: 2018 PSRC Regional Centers Framework Update
Page 126 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Buildable Lands Report
Overview
Assessment of development capacity for future housing and employment.
Plans assess how jurisdictions are achieving 2035 comprehensive plan goals
Developed mid-cycle
Auburn coordinates with both King County and Pierce County in process
Assesses 2006 to 2018
Auburn Employment Capacity and Targets
Source: 2021 King County Urban Growth Capacity Report
Page 127 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Buildable Lands Report
2021 King County Urban Growth Capacity Report (King)
Buildable lands residential targets, supply, and capacity
Source: 2021 King County Urban Growth Capacity Report
Auburn Residential Capacity and Targets
Page 128 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Buildable Lands Report –Pierce County
Countywide Planning Policies (Pierce, 2022) Buildable lands target, supply, and
capacity population and employment
Lakeland area is primary Auburn portion in Pierce County
Area is mostly built out
Source: 2021 Pierce County Buildable Lands Report
Page 129 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Auburn Comprehensive Plan Elements
•Land Use Element (Community Development)
•Housing Element (Community Development)
•Transportation Element (Public Works) –
Adopted by Reference as Comprehensive
Transportation Plan
•Capital Facilities (Finance)
•Economic Development (Community
Development)
•Parks and Recreation (Parks)
•Private Utilities (Public Works)
•Historic Preservation (Community
Development)
Page 130 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Comprehensive Plan Program Coordination
Coordination of this update will be led by Planning Services staff, with
assistance from a selected consultant.
Other departments will be serving in a lead role for the specific
elements that they oversee (e.g. Parks to oversee Park and
Recreation element, Public Works to oversee Transportation element).
Because each element relies upon zoning and land use assumptions
such as densities and allowable uses, there is a need to closely
coordinate the Land Use element update with all of the other
elements.
Page 131 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Comprehensive Plan Program Coordination
Planning Services issued a Request for Proposal (RFP) in December 2021 that requested
consultant assistance in developing a framework for developing the comprehensive plan
update process and for assistance in analysis for specific comprehensive plan elements.
SCJ Alliance was selected, and Planning Services is currently coordinating with the
consultant on the schedule and scope of work. The periodic comprehensive plan update
process is expected to begin in March 2022.
The Planning Commission will be kept informed of status
Public hearing and a development of a recommendation to the City Council
Downtown Plan and Housing Action Plan Implementation projects running concurrently.
Budget amendments were submitted for consideration at March 21st meeting.
A budget amendment for $250,000 was submitted which will be considered by Council at
March 21st meeting.
Page 132 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Key Timeline Elements
Tentative Council and Planning Commission Touch Points
•Q2 2022 –Comprehensive Planning Program Overview (CC)
•Q3 2022 -Public outreach (CC)
•Q1 2023 –Land Use and Housing Analysis (CC)
•Q4 2022 -Planning Commission workshops (PC)
•Q4 2023/Early 2024 -Planning Commission Hearings (PC)
•Q1 2024 -Presentation of Planning Commission recommendation to City Council (CC)
Page 133 of 172
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2024 PERIODIC COMPREHENSIVE PLAN
UPDATE
Any questions?
(end)
Page 134 of 172
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6857 (Tate)(20 Minutes)
Date:
March 8, 2022
Department:
Community Development
Attachments:
Ordinance No 6857
Exhibit A. - ACC Chapter 8.13
Exhibit B - ACC Chapter 1.25
Ordinance No 6857 PowerPoint Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
On March 14, 2022, staff is bringing forward for discussion to City Council, an overview of the
graffiti abatement through art installations program which is currently in place in Auburn. At the
end of the presentation, staff will make recommendations for an option that would shorten the
timeframe on which graffiti needs to be removed from private property. The
recommendations include but were not limited to amendments to Chapters 1.25 and Chapter
8.13 the Auburn City Code, which would support the elimination of blight in the community due
to graffiti, and to align timeframes for civil penalties for violations.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:March 14, 2022 Item Number:
Page 135 of 172
--------------------------------
Ordinance No. 6857
March 8, 2022
Page 1 of 3
ORDINANCE NO. 6857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO HEALTH AND
SAFETY REGULATION, REVISING GRAFFITI REMOVAL
CRITERIA, AND TO CREATE CONSISTANT TIMELINES
FOR CIVIL PENALTIES FOR VIOLATIONS BY AMENDING
CHAPTERS 1.25 AND 8.13 OF THE AUBURN CITY CODE
WHEREAS, the City of Auburn has a strong desire to provide residents and visitors
the feeling of pride and safety while out in the community; and
WHEREAS, to preserve property values through the elimination of graffiti and the
blight it causes; and
WHEREAS, revision of the City’s code sections relating to graffiti removal and
timelines for civil penalties for violations will improve the safety and welfare of Auburn
residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Chapter 8.13 of the Auburn
City Code be and the same hereby is amended to read as shown in Exhibit A of this
Ordinance.
Section 2. Amendment to City Code. That Chapter 1.25 of the Auburn
City Code be and the same hereby is amended to read as shown in Exhibit B of this
Ordinance.
Section 4. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Page 136 of 172
--------------------------------
Ordinance No. 6857
March 8, 2022
Page 2 of 3
Section 5. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application thereof
to any person or circumstance shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
Section 6. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Page 137 of 172
--------------------------------
Ordinance No. 6857
March 8, 2022
Page 3 of 3
Kendra Comeau, City Attorney
Published: _________________
Page 138 of 172
Ch. 8.13 Graffiti Removal | Auburn City Code Page 1 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Chapter 8.13
GRAFFITI REMOVAL
Sections:
8.13.010 Graffiti deemed nuisance.
8.13.020 Definitions.
8.13.030 Graffiti prohibited.
8.13.040 Graffiti – Notice of removal.
8.13.050 City costs enforceable – Debt – Lien.
8.13.060 Appeal.
8.13.070 Removal Abatement by city.
8.13.010 Graffiti deemed nuisance.
A. Graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings,
fences, gates and other structures, trees, and other real and personal property within the city constitutes a
nuisance.
B. Although it is appropriate, where possible, to request that the courts require people who are convicted of
acts of defacement and vandalism involving application of graffiti to public or private property to restore the
property so defaced, damaged or destroyed, obtaining convictions for such acts is difficult because the offenses
involving such offenses can be committed so very quickly and secretively that witnesses to the acts are
frequently nonexistent.
C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same
to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that
the product of the illegal acts of those involved in application of graffiti is not visible and the property on
which the graffiti is located and surrounding properties do not suffer diminution of value. (Ord. 5650 § 1, 2002.)
8.13.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “Graffiti” means the defacing, damaging, or destroying by spraying of paint or marking of ink, chalk, dye,
or other similar substances on public or private buildings, structures, and places, including natural features of
the environment.
Page 139 of 172
Ch. 8.13 Graffiti Removal | Auburn City Code Page 2 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
B. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to
the landowner to abate the graffiti, and cures in absence of response.
C. “Private contractor” means any person with whom the city shall have duly contracted to remove graffiti.
(Ord. 5650 § 1, 2002.)
8.13.030 Graffiti prohibited.
It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate or
other structure, tree, or other real or personal property, either publicly or privately owned, any drawing,
inscription, figure, or mark of the type which is commonly known and referred to as “graffiti” within the city.
(Ord. 5650 § 1, 2002.)
8.13.040 Graffiti – Notice of removal.
A. Whenever the mayor, or their designated representative, determines that graffiti exists on any public or
private buildings, structures, and places which are visible to any person utilizing any public road, parkway,
alley, sidewalk or other right-of-way within the city, the mayor or their designated representative shall cause a
notice to be issued to abate such nuisance. The property owner shall have 15 3 calendar days after the date of
the notice to remove the graffiti or the same will be subject to abatement by the city; provided, that when
weather and/or seasonal temperatures are not conducive to such abatement, the mayor, or their designated
representative, may continue and/or delay the time for completion of abatement until the weather and seasonal
temperatures reasonably permit the painting of exterior surfaces.
B. The notice to abate graffiti pursuant to this section shall cause a written notice to be served upon the
owner(s) of the affected premises, as such owner’s name and address appears on the last property tax
assessment rolls of the county in which the property is located. If there is no known address for the owner, the
notice shall be sent in care of the property address. The notice required by this section may be served in any
one of the following manners:
1. By personal service on the owner, occupant or person in charge or control of the property;
2. By registered or certified mail addressed to the owner at the last known address of said owner. If this
address in unknown, the notice will be sent to the property address.
C. The notice shall be substantially in the following form:
Notice of Intent to Remove Graffiti
Page 140 of 172
Ch. 8.13 Graffiti Removal | Auburn City Code Page 3 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by Ordinance of the City of Auburn, at your own expense, to
remove or paint over the graffiti located on the property commonly known as (address), Auburn, Washington, which
is visible to public view, within fifteen (15) days after the date of this notice; or, if you fail to do so, the City requires
the nuisance to be abated by removal or painting over of the graffiti. The cost of the abatement by the City or private
contractors employed by the City to abate the nuisance will be assessed upon your property and such costs will
constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matters, are hereby notified to submit any objections or
comments to the Mayor of the City of Auburn or their designated representative, within ten (10) days from the date of
this notice. If no objections or comments to the notice are received by the City, the City will, at the conclusion of the
fifteen (15) day period, proceed with abatement of the graffiti inscribed on your property at your expense without
further notice.
(Ord. 5650 § 1, 2002.)
8.13.050 City costs enforceable – Debt – Lien.
Any and all costs incurred by the city in the abatement of the graffiti nuisance as provided in this chapter shall
constitute a debt owed to the city by the property owner or person in charge or control of the property, and
shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other
legal remedies available for enforcement of debts. (Ord. 5650 § 1, 2002.)
8.13.060 Appeal.
Within 10 days from the mailing or from personal service of the notice of intent to remove graffiti, the owner
or person occupying or controlling the premises affected may appeal the matter to the Auburn city council.
Filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate
the graffiti nuisance. There shall be no fee required for filing such an appeal. (Ord. 5650 § 1, 2002.)
8.13.070 Removal Abatement by city.
A. Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter
as the mayor, or their designated representative, approves, then the mayor or designee is authorized and
directed to cause the graffiti to be abated by city forces or by private contract, and the city or its private
Page 141 of 172
Ch. 8.13 Graffiti Removal | Auburn City Code Page 4 of 4
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to
minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti
shall be as close as practicable to background color(s). If the mayor or designee provides for the removal of the
graffiti, they shall not authorize nor undertake to provide for the painting or repair of any more extensive area
than the area where the graffiti is located.
B. Property owners in the city of Auburn may consent in advance to city entry onto private property for
graffiti removal purposes. (Ord. 5650 § 1, 2002.)
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the
city clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends
using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.auburnwa.gov
Code Publishing Company
Page 142 of 172
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 1 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Chapter 1.25
CIVIL PENALTIES FOR VIOLATIONS
Sections:
1.25.010 Purpose.
1.25.020 Definitions.
1.25.030 Notice to correct violation.
1.25.035 Stop work order.
1.25.040 Notice of infraction.
1.25.050 Penalties for infractions.
1.25.060 Uncorrected violations.
1.25.065 Additional penalty and enforcement provisions.
1.25.070 Repealed.
1.25.080 Interpretation.
1.25.090 Repealed.
1.25.100 Collection enforcement and/or abatement.
1.25.110 Additional enforcement procedures.
1.25.120 Constitutionality or invalidity.
1.25.010 Purpose.
It is the purpose of this chapter to generally provide civil penalties for non-fire code violations of this title and
ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, all standards, regulations and procedures adopted pursuant to
those titles, and the terms and conditions of any permit or approval issued pursuant to those titles which do not
involve imminent danger to the public health, safety and welfare of persons or property, and such other code
provisions as are specified. Criminal penalties provided in this code for non-fire violation of this title and ACC
Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, and all standards, regulations and procedures adopted pursuant to
those titles, and the terms and conditions of any permit or approval issued pursuant to those titles whether
contained in Chapter 1.24 ACC or in the individual titles are superseded to the extent provided herein. It is the
intent of this chapter to permit a timely and efficient means of enforcement, to establish definitions, monetary
penalties for violations and a hearing process before the court of limited jurisdiction authorized to hear cases of
the city as assigned in the ACC or as otherwise provided by law. (Ord. 6613 § 5, 2016; Ord. 6429 § 1, 2012; Ord.
5966 § 1, 2006; Ord. 5837 § 1, 2004; Ord. 5677 § 2, 2002; Ord. 5667 § 1, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1, 1991.)
Page 143 of 172
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 2 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1.25.020 Definitions.
Except where specifically defined in this section, all words used in this chapter shall carry their customary
meanings. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a
decision.
A. “Act” means doing or performing something.
B. “Code enforcement official” means the director or designee of the director of the department authorized
and/or empowered to enforce a violation of ACC Titles 5, 8, 12, 13, 15, 16, 17 and 18, and Chapter 10.02
ACC, or such other provisions of the ACC that are enforceable pursuant to the provisions of this chapter, and
all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any
permit or approval issued pursuant to those titles of this code, and such of the code provisions specifying civil
penalties not within the specific or exclusive enforcement responsibility of another official.
C. “Emergency” means a situation or civil violation which in the opinion of the code enforcement official
requires immediate action to prevent or eliminate an imminent threat to the public health, safety or welfare of
persons or property.
D. “Omission” means a failure to act.
E. “Person” includes any natural person, the heirs, executors, administrators or assigns, and also includes a
firm, partnership or corporation, its or their successors or assigns, a governmental body, or the agent of any of
the aforesaid.
F. “Stop work order” means the written order issued by the code enforcement official or other authorized
enforcement official, or designee, to direct that work or activity shall be stopped until such activity is
authorized to resume by the code enforcement official or other authorized enforcement official, or designee.
G. “Violation” means an act or omission contrary to requirements contained in ACC Titles 5, 8, 12, 13, 15,
16, 17 and/or 18, and Chapter 10.02 ACC, or such other provisions of the ACC that are enforceable pursuant
to the provisions of this chapter, and/or all standards, regulations and procedures adopted pursuant to those
titles and the terms and/or conditions of any permit or approval issued pursuant to those titles, and such other
code provisions as are specified.
H. “Court” means the court of limited jurisdiction authorized to hear cases of the city.
I. “Property owner” means any person or persons, having legal right or interest such as a fee owner, contract
purchaser, mortgagor or mortgagee, option or optionee, and beneficiary or grantor of a trust or deed of trust,
but not including the grantee of an easement. (Ord. 6429 § 2, 2012; Ord. 6328 § 1, 2010; Ord. 5966 § 2, 2006; Ord. 5677
§ 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1,
1991.)
Page 144 of 172
Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 3 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1.25.030 Notice to correct violation.
A. Authority to Issue.
1. Whenever the code enforcement official or other authorized enforcement official, or designee,
determines that a violation is occurring or has occurred, they may issue a notice to correct the violation, in
a form pursuant to subsection C of this section, to the property owner(s) and/or tenant(s) and/or to any
person(s) causing or allowing or participating in the violation.
2. If a notice to correct the violation has been issued, the code enforcement official shall require the
violation to be corrected within one to 15 working calendar days from the issuance of the notice to
correct. The length of time to correct shall be determined, in the sole discretion of the code enforcement
official or other authorized enforcement official, or designee, by the scope of violation, the history of
prior violations by the same persons and/or at the same location and method needed to correct violation.
All violations, in any event, shall be corrected expediently.
B. Receipt of Correction Notice.
1. Upon receipt of notice to correct violation, the violator shall either correct the violation or ask the
code enforcement official for a reconsideration of the notice to correct within the time frame set out in
subsection (B)(3) of this section.
2. If the violator corrects the violation, the code enforcement official shall close the violation file and
notify violator of compliance.
3. The property owner and/or tenant may request reconsideration of the notice to correct violation by the
code enforcement official. This request must be made in writing prior to the date on which corrections are
to be completed as specified in the notice. The code enforcement official shall respond to the request for
reconsideration, if timely received, no later than seven calendar days from the date the request for
reconsideration was received. The code enforcement official may amend the notice (a) to correct the
notice, (b) for good cause to allow for a longer time to correct the violation, (c) to amend the scope of
violation, or (d) to rescind the notice. A stay of the time allowed for correction shall be in effect from the
date that a request for reconsideration was received, if timely received, until the date a response to the
request for reconsideration is sent.
4. If the violator corrects the violation pursuant to the reconsideration determination, the code
enforcement official shall close the violation file and notify the violator of compliance.
C. Content. The notice to correct violation shall contain the following:
1. The name and address of the property owner and/or tenant and/or other person to whom the notice to
correct violation is directed; and
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
2. The street address or description sufficient for identification of the building, structure, premises, or
land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to the Auburn City Code or related provision, standard,
regulation, procedure or permit which has been violated; and
4. A statement of the action required to be taken to correct the violation as determined by the code
enforcement official and a date or time by which correction is to be completed; and
5. A statement that the property owner and/or tenant may request a reconsideration of the notice to
correct violation by the code enforcement official and the procedures required for such request; and
6. A statement that the consequences of failing to correct the violation may result in monetary penalties
and/or other enforcement requirements; and
7. A statement that the person to whom the notice to correct violation is directed shall inform the code
enforcement official of the correction so an inspector can be sent to the violation premises to confirm the
correction.
D. Service of Notice. The code enforcement official shall cause the notice to correct violation to be served on
the person(s) to whom it is directed by personal service or by mailing a copy of the notice to correct violation
by regular mail, postage prepaid, to such person(s) at their last known address. If the person’s address is
unknown, service shall be completed by mailing the notice to the address of the most recent payer of the
property tax for the property, as shown in the county’s records, and by posting a copy of the notice to correct
violation conspicuously on the affected property or structure. Mailed notices shall be deemed received three
business days after the postmark.
E. Extension. Upon written request received prior to the correction date or time, the code enforcement official
may extend the date set for correction for good cause. The code enforcement official may consider but is not
limited to the consideration of substantial completion of the necessary correction or unforeseeable
circumstances which render completion impossible by the date established as good cause.
F. Repeat Violations. Notwithstanding the above provisions, in the case of a repeat violation, the code
enforcement official or other authorized enforcement official, or designee, may issue a notice of infraction
regardless of whether a notice to correct violation has been issued. For the purposes hereof, “repeat violation”
means that the same person or property has been the subject of one or more notice to correct violation within
the preceding 12 months. (Ord. 6708 § 1, 2018; Ord. 6615 § 5, 2016; Ord. 5966 § 3, 2006; Ord. 5677 § 2, 2002; Ord. 5246
§ 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1.25.035 Stop work order.
Whenever any work is being done or any activity is occurring which constitutes a “violation” under ACC
1.25.020(G), the code enforcement official may order the work or activity stopped by notice in writing served
on any persons engaged in the doing or causing of such work to be done or such activity to occur, and any such
persons shall forthwith stop such work and/or prevent such activity until authorized by the code enforcement
official or designee to proceed with the work or recommence the activity. The issuance of a stop work order is
not a prerequisite for the issuance of a notice of infraction or a citation for a violation. However, it shall be a
misdemeanor punishable as provided in ACC 1.24.010 for a person to willfully engage in the doing or causing
of such work to be done after the issuance of a stop work order, until authorized by the code enforcement
official or designee to proceed with the work or recommence the activity. (Ord. 5966 § 6, 2006.)
1.25.040 Notice of infraction.
Notwithstanding the provisions of ACC 1.25.030, whenever the code enforcement official determines that a
violation has occurred, they shall be authorized to issue a notice of infraction to the property owner(s) and/or
tenant(s) and/or to any person(s) causing or allowing or participating in the violation. If a violation occurs
outside the official’s presence, the official shall file, according to the process described in RCW 7.80.050, a
notice of infraction with the court of limited jurisdiction for Auburn for the court to issue to the person(s). If a
violation occurs in the official’s presence, the official may issue the notice of infraction either directly to the
person(s) or by filing it with the court, according to RCW 7.80.050. Once issued, the infraction shall be
processed for court proceedings in accordance with applicable rules and procedures. (Ord. 6708 § 2, 2018; Ord.
6429 § 3, 2012; Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
1.25.050 Penalties for infractions.
Unless otherwise specifically provided in connection with particular sections, chapters or titles of the city code,
noncriminal violations of the city code shall be infractions and shall carry a maximum penalty of $250.00.
Each day, location, violator and incident shall constitute a separate civil infraction. In addition to this amount,
a court of competent jurisdiction may order a person found to have committed a civil infraction to pay
restitution, including the city’s reasonable enforcement and abatement costs.
It is provided, however, that if the same violator has been found, in any court of competent jurisdiction, to have
previously committed an infraction violation for the same or similar conduct three or more separate times, with
the infraction violations occurring at the same location and involving the same or similar sections of ACC
Titles 5, 6, 8, 10, 12, 13, 15, 16, 17 or 18, or other similar code(s), any further violations shall constitute
misdemeanors, punishable as provided in ACC 1.24.010. For the purposes hereof, it shall be prima facie
evidence that the same violator has previously been found to have committed any infraction if a certified copy
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
of the judgment, docket or other court document showing that such violation was found committed is filed
with the court. (Ord. 6615 § 6, 2016; Ord. 5837 § 2, 2004; Ord. 5677 § 2, 2002.)
1.25.060 Uncorrected violations.
In addition to any other enforcement actions available to the city, if a violation on a parcel of property is not
corrected within the specified time frame of the decision of the court then no further permits or approvals shall
be issued by the city on the subject parcel until all violations have been corrected, or brought into compliance
with the decision of the court. (Ord. 5966 § 4, 2006; Ord. 5837 § 3, 2004; Ord. 5677 § 2, 2002.)
1.25.065 Additional penalty and enforcement provisions.
A. Civil Penalty. In addition to any other enforcement actions available to the city, if the code enforcement
official determines that a violation has not been corrected pursuant to ACC 1.25.030 within the time specified
in the notice to correct violation or recurs within 60 calendar days of remediation of the same violation, they
are authorized to impose a civil penalty against the property owner on whose property the violation exists,
and/or the person in possession of the property, and/or the person otherwise causing or responsible for the
violation. The penalty shall be up to $500.00 for the first day and $100.00 per day for each additional full day
the violation continues. In the event a violation is remediated but recurs within 60 calendar days, the city may
impose a penalty that is double that of the above listed penalty amounts. Each day on which a violation or
recurrence thereof continues shall constitute a separate violation. If unpaid within 14 calendar days of
becoming effective, each penalty shall constitute a lien against the property of equal rank with state, county,
and municipal taxes.
B. Notice of Penalty. The penalty shall be imposed by serving a notice of penalty. Service of the notice shall
be made upon all persons identified in the notice either personally or by mailing a copy of such order by
regular mail, postage prepaid. If an address for mailed service cannot be ascertained, service shall be
accomplished by posting a copy of the notice conspicuously on the affected property or structure. The initial
penalty shall be effective and the recurring daily penalty shall commence on the date service is effective.
Service by regular mail shall be effective five calendar days after the date of postmark, unless U.S. postal
records show actual receipt prior to that date. If service is by personal service, service shall be deemed
effective immediately. If service is made by posting, service shall be effective on the third day following the
day the notice is posted. Recurring penalties shall become effective every 24 hours after midnight of the
effective date of the initial penalty if the violation is not corrected.
The notice shall contain all the information required to be placed in a notice to correct violation, under ACC
1.25.030, and in addition the following:
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1. The amount of the initial penalty and the amount of the per day penalty for each day the violation(s)
continues, and, if applicable, the conditions on which assessment of such civil penalty is contingent.
2. A statement that the recurring penalty accrues each day automatically, without further notice.
3. The procedure for appealing the penalty, as described in this chapter.
4. That if the penalties are unpaid within 10 calendar days of when they become effective, they shall
become a lien on the property that shall be of equal rank with state, county and municipal taxes.
C. Withdrawal. The code enforcement officer may withdraw a notice of penalty if compliance is achieved, as
determined by the officer, within 14 calendar days of the service date of the notice. The officer shall not
withdraw a notice of penalty if it is the second notice issued by the officer to the same person for the same or
similar violation committed within six months.
D. Continued Duty to Correct. Payment of a penalty pursuant to this chapter does not relieve a person of the
duty to correct the violation as ordered by the enforcement officer. Correction of the violation does not relieve
a person of the obligation to pay the penalty assessed, unless dismissed, withdrawn, or modified by the hearing
examiner or the code enforcement officer.
E. Appeal of Notice of Penalty.
1. An assessed civil penalty may be appealed to the city hearing examiner within 14 calendar days of the
penalty’s effective date, in the same manner as determinations of the building official are appealed under
ACC 15.07.130. After the 14-day period, penalties shall be final and binding. The hearing examiner may
grant an extension of time for filing an appeal if the person establishes that they did not receive the notice
of penalty due to good cause. The burden of proving such good cause circumstances is on the person
making the claim.
2. The appeal shall be processed and the hearing conducted according to the provisions of ACC
15.07.130 and the provisions of that section are adopted by reference for the purpose of this chapter. The
person appealing may appeal either the determination that a violation exists or the amount of the civil
penalty imposed, or both. The person appealing may appeal all penalties that are not final and binding.
The hearing examiner has the authority to affirm, dismiss, or modify the civil penalty. The city shall have
the burden of proving by a preponderance of the evidence the commission of a violation. If the hearing
examiner finds that a violation was not committed at the time the notice of penalty was issued, the
examiner shall dismiss all penalties before them that were imposed for the alleged violation and the city
shall dismiss all additional penalties, whether effective or final, that were imposed for the alleged
violation.
3. The civil penalties for a continuing violation shall not continue to accrue pending determination of the
appeal; however, the hearing examiner may impose a daily monetary penalty, to a maximum of $100.00
per day, from the date of service of the notice of penalty if the hearing examiner finds that the appeal is
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
frivolous or intended solely to delay compliance. An appeal does not lift or stay a notice to correct
violation.
4. A person is precluded from appealing a penalty if the hearing examiner finds that it has determined in
a prior appeal all the issues of fact and law raised by the person appealing.
5. At their discretion, the hearing examiner may consolidate appeals of penalties imposed on the same
property for the same violations.
F. Cost Recovery and Lien.
1. Any monetary penalty imposed under this chapter constitutes a personal obligation of the person
served the notice of penalty. The city attorney is authorized to collect the monetary penalty by use of
appropriate legal remedies, the seeking of which shall neither stay nor terminate the accrual of additional
per-day penalties so long as the violation continues.
2. The city may authorize the use of collection agencies to recover monetary penalties, in which case the
cost of the collection process shall be assessed in addition to the monetary penalty.
3. Once civil penalties are effective and due, pursuant to this section, the code enforcement officer may
file a lien with the county auditor on the property where the violation exists for the amount of the unpaid
civil penalties. The lien shall be of equal rank with state, county and municipal taxes, and shall be in
similar form, be filed with the same county office, be enforced and foreclosed in the same manner, and
subject to the same exemptions as state law provides for the foreclosure of labor and material liens. The
claim of lien shall contain the following:
a. The authority for imposing a civil penalty;
b. A brief description of the civil penalty imposed, including the violations charged and the
duration thereof;
c. A legal description of the property to be charged with the lien;
d. The name of the known or reputed owner; and
e. The amount, including lawful and reasonable costs, for which the lien is claimed. (Ord. 6708 § 3,
2018; Ord. 6647 § 2, 2017; Ord. 6615 § 7, 2016; Ord. 6328 § 4, 2010.)
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The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
1.25.070 Abatement.
Repealed by Ord. 6615. 1.25.080 Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their interpretation and application
and shall be liberally construed to serve the purposes of this chapter. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B),
1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.090.)
1.25.090 Hearing examiner.
Repealed by Ord. 5966. 1.25.100 Collection enforcement and/or abatement.
In the event of failure to comply with any notice and/or stop work order, the city, at its option, may enforce
collection through the civil execution process as provided in this chapter or by any method provided by law
and/or ordinance and/or may abate the use of the property which is the subject of the violation through the
abatement process as provided by law or ordinance. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.120.)
1.25.110 Additional enforcement procedures.
The provisions of this chapter are additional to other enforcement provisions authorized by state law and/or
city ordinance and are additional to any other remedy available to the city for damages, redress or relief,
whether in equity or law, including but not limited to actions for injunctive relief and/or abatement, to ensure
and/or protect the public health, safety and welfare. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.130.)
1.25.120 Constitutionality or invalidity.
If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the
sections, subsections, clauses or phrases. It is hereby expressly declared that each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.
Formerly 1.25.140.)
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Ch. 1.25 Civil Penalties for Violations | Auburn City Code Page 10 of 10
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
The Auburn City Code is current through Ordinance 6842, passed November 15, 2021.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the
city clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends
using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.auburnwa.gov
Code Publishing Company
Page 152 of 172
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
DEPARTMENT OF COMMUNITY DEVELOPMENT
GRAFFITI ABATEMENT
THROUGH ART INSTALLATIONS
CHRIS BARACK
CODE COMPLIANCE MANAGER
CITY COUNCIL STUDY SESSION – MARCH 14, 2021
Department of Community Development
Planning Building Development Engineering Permit Center Economic Development Community Services Code Enforcement
Page 153 of 172
BACKGROUND – CPTED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
I was first introduced to public art in 2018, when attended the Crime Prevention Through Environmental Design (CPTED)
basic training. After the training was completed, I was hopeful to bring the philosophy of public art back to the City of
Auburn, to be utilized as a deterrent to graffiti. Due to graffiti throughout the City, and the costs associated with covering or
removing it, I was confident this approach would be a way to help combat this public nuisance, as well as beautify the City.
Taggers, graffiti artists, and gangs tend to target blank surfaces such as walls, dumpsters, utility cabinets, bridge
underpasses, etc. to display their messages. These areas become message boards for local taggers, graffiti artists, and
gangs to communicate and for the world to see. It does appear that if a surface is covered with “art,” there is an unwritten
code amongst these groups to move on and not deface the work.
It is recommended that if an area is covered with graffiti, that it be covered or painted over within 24 hours. This swift action
is usually discouraging to this group, and they move on to another, less responsive area. The goal of a tagger, graffiti artist,
or gang is to have their message displayed for all to see, for as long as they can.
Graffiti gives residents and visitors the feeling of fear, loss of control, and depression. Public art adds a feeling of “richness”
and pride in the community and works as a deterrent to graffiti.
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WHAT HAVE WE DONE SO FAR
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
In 2019, the City of Auburn Code Compliance division started implementing “public art” as a way of
abating/discouraging graffiti, as well as beautify the City of Auburn. The first art installations are on the primary,
secondary corridors, and in the Downtown area. To date the following areas have been treated with public art:
Traffic signal cabinets - 42
Bridge murals - 1
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SIGNAL CABINET WRAPS ROUND 1
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SIGNAL CABINET WRAPS CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 157 of 172
SIGNAL CABINET WRAPS CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 158 of 172
SIGNAL CABINET WRAPS ROUND 2
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
A Street SE / Lakeland Hills Lakeland Hills / Lake Tapps Prky 320
th Ave SE / 104th Ave SE
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SIGNAL CABINET WRAPS ROUND 2 CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
320th Ave SE / 124th Ave SE Auburn Way S / Academy Drive M Street / E. Main Street
Page 160 of 172
SIGNAL CABINET WRAPS ROUND 2 CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
29th Street SE / R Street SE Auburn Way North / 277
th Street M Street NE / 4
th Street NE
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SIGNAL CABINET WRAPS ROUND 2 CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Lea Hill / 105th Ave SE Auburn Way N / 22
nd Street NE 37
th Street NW / Ron Crocket
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SIGNAL CABINET WRAPS ROUND 2 CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Harvey / I Street NE C Street SW / GSA entrance A Street SE / 29
th Street SE
Page 163 of 172
SIGNAL CABINET WRAPS ROUND 2 CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Auburn Way N / 37th Street NE Auburn Way N / 9
th Street NE 304
th Street SE / 118th Ave SE
Page 164 of 172
SIGNAL CABINET WRAPS ROUND 2 CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Auburn Way S / 12th Street SE Kersey Way / Oravetz Road Harvey / 8
th Street NE
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SIGNAL CABINET WRAPS ROUND 2 CONTINUED
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
West Valley HWY / 37th Street NW Auburn Way N / 30
th Street NE Auburn Way S / Library
Page 166 of 172
F STREET SE UNDERPASS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
200820172018
Images from Google maps show as early as 2008 where graffiti has been covered. Based on these dates,
approximately 12 years of City maintenance for graffiti. Costs unknown, but most likely in the thousands!
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F STREET SE UNDERPASS MURAL
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 168 of 172
WHAT’S NEXT?
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
In 2022, the City of Auburn Code Compliance division will oversee the installation of:
Traffic signal cabinet wraps (new locations) - 21
Signal cabinet battery back-ups – 35
Bridge underpass mural (Booth bridge) - 1
Page 169 of 172
CHAPTER 8.13 GRAFFITI CODE CHANGES
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Below are the proposed changes for ACC Chapter 8.13 Graffiti removal. In this chapter of code, there is a separate
means of notification, appeal, and removal, not consistent with other chapters of City code. These revisions would
standardize process, procedure, and timelines for compliance.
ACC 8.13.040(A) Graffiti Notice of removal - reduce number of days from 15 days to 3 calendar days
ACC 8.13.040(B)(C) Graffiti Notice of removal – remove these sections and use provisions in ACC 1.25.030
ACC 8.13.060 Appeal – remove this section and use provisions in ACC 1.25
ACC 8.13.070 change word from “Removal” to “Abatement” and use provisions in ACC 1.25
Page 170 of 172
CHAPTER 1.25 CODE CHANGES
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Chapter 1.25 provides Code Compliance staff the authority to enforce City and International codes. Current code
language has both calendar days and working days. The intent of these changes is to standardize timelines for
compliance. Below are the proposed changes:
ACC 1.25.030 Notice to correct violation – change 15 working days to 15 calendar days
ACC 1.25.065(A) Additional penalty and enforcement provisions – change 60 days to 60 calendar days
ACC 1.25.065(B)(4) Additional penalty and enforcement provisions – change 10 days to 10 calendar days
Page 171 of 172
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
Department of Community Development
Planning Building Development Engineering Permit Center
Sustainability Community Services ● Code Enforcement
Thank you!
Questions?
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